Maternity Leave Help

brickej

Hi there,

If anyone could help me on this issue it would be much appreciated!

So basically I am currently 14 weeks pregnant, due October. I started working in my current job in September 2013, on a 6 month probation contract, and was told once you pass probation you get a permanent contract. So my contract ran up in February, and I was given a new one- but it was only another 6 month temporary one! Even though my employer and colleagues are pleased with my work and what I do, and I've even been told by my colleagues they'd be lost without me!

So the problem is- my contract runs up in the beginning of September, and I would be due to go on maternity leave at the end of September anyway. Is it legal for my employer not to renew my contract for the sole reason of me being pregnant? Or have they protected themselves by only giving me a temporary 6 month contract? I can't see any reason they'd let me go when I've been told how happy they are with me. I will have been with the company for a full year when the contract runs up.

Any help is much appreciated as this is quite a stressful and worrying issue!

schemingbohemia

Have you anything in writing that stated you would definitely be given a permanent contract when your "probationary" contract ended? If not, then it will prove more difficult to prove that you have been discriminated against. Do you know of any colleagues that were also only given an extra 6 months after successfully passing the probationary period?

brickej

schemingbohemia wrote: »

Have you anything in writing that stated you would definitely be given a permanent contract when your "probationary" contract ended? If not, then it will prove more difficult to prove that you have been discriminated against. Do you know of any colleagues that were also only given an extra 6 months after successfully passing the probationary period?

Unfortunately I don't have anything in writing confirming I'd be given a permanent contract. No other colleagues have had two 6 month contracts in a row. When I had the meeting to get my new contract, I was told the business is growing and more jobs in different areas will be available to me, however I assumed it was simple enough to update a contract for a new position or to change it to a different position from a current contract? It seems they are just protecting themselves in case the business does for some reason go downhill a bit although it has been growing steadily over the last few years.

No Pants

Sounds to me like they're looking for a way out of paying expensive maternity leave.

Were there any others on probation at the same time as you?

brickej

No Pants wrote: »

Sounds to me like they're looking for a way out of paying expensive maternity leave.

Were there any others on probation at the same time as you?

They don't know I'm pregnant yet, I didn't even know when my contract was being renewed that I was pregnant. I'm just trying to find out what my options are. If they don't renew my contract it will only be due to the fact I'm pregnant, but is that legal? Or will they just find ways around it?

Del2005

brickej wrote: »

They don't know I'm pregnant yet, I didn't even know when my contract was being renewed that I was pregnant. I'm just trying to find out what my options are. If they don't renew my contract it will only be due to the fact I'm pregnant, but is that legal? Or will they just find ways around it?

If they don't know your pregnant yet how can that be the reason that your probation was extended?

Peregrinus

The OP doesn't say that that's the reason her probation was extended. She fears that it's the reason that she won't be made permanent in September, by which time (obviously) they will know about her pregnancy.

brickej

Peregrinus wrote: »

The OP doesn't say that that's the reason her probation was extended. She fears that it's the reason that she won't be made permanent in September, by which time (obviously) they will know about her pregnancy.

Peregrinus, thanks for that, I don't think I had explained it very well. But yes that's exactly it. They are happy with my work so in my opinion if they don't renew my contract it will be for the sole fact that I am pregnant. I know maternity leave is a pain for an employer, but I'm terrified of what will happen if I have no job to return to, and if I don't have a source of income while off- which maternity leave would have covered.

No Pants

brickej wrote: »

They don't know I'm pregnant yet, I didn't even know when my contract was being renewed that I was pregnant. I'm just trying to find out what my options are. If they don't renew my contract it will only be due to the fact I'm pregnant, but is that legal? Or will they just find ways around it?

You're going to have a tough time with that claim if they don't know about the pregnancy.

Also, if they're so happy with your work, why a temporary contract again. If think you need an explanation for that now.

wmpdd3

you may be entitled to maternity leave pay if your work ended within a certain amount of weeks of your due date.

call the mat section in sw they will tell you.

whomitconcerns

maybe they are aware of your attitude and are justifiably worried about it. "...In my opinion if they don't renew my contract it will be for the sole fact that I am pregnant."

Are you sure you havent shown a similar inflammatory statement on a different topic? If I knew an emplyee had that mindset I would be anxious to keep them on a short leash too!

Peregrinus

No Pants wrote: »

You're going to have a tough time with that claim if they don't know about the pregnancy.

Her hour is upon her in October. By September, when her second probationary period expires and they are taking a decision as to whether to make her permanent, everyone will know she is pregnant.

No Pants

Peregrinus wrote: »

Her hour is upon her in October. By September, when her second probationary period expires and they are taking a decision as to whether to make her permanent, everyone will know she is pregnant.

Yeah, but she won't be able to do anything about it by then. If they don't make her permanent by then, they can give any reason for it, they'd be daft to mention the pregnancy. I think she really has to push on the previous decision and the reasoning behind it.

Peregrinus

No Pants wrote: »

Yeah, but she won't be able to do anything about it by then. If they don't make her permanent by then, they can give any reason for it, they'd be daft to mention the pregnancy. I think she really has to push on the previous decision and the reasoning behind it.

The previous decision was certainly not pregnancy-related. Not only did her employer not know she was pregnant when that decision was made, but she didn't know either.

Carawaystick

The op can take maternity leave early to begin while still in contract to strengthen her hand a bit