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  • FIRST POST
    • Ninachu
    • By Ninachu 19th Apr 17, 12:39 PM
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    Ninachu
    Pregnant and fixed term contract coming to an end...
    • #1
    • 19th Apr 17, 12:39 PM
    Pregnant and fixed term contract coming to an end... 19th Apr 17 at 12:39 PM
    Hello there,

    I've been looking for advice but it isn't clear so wondered if anyone here had any helpful insights.

    My initial fixed term contract was for a year, my boss was on maternity leave and my stand in boss was a bit clueless about the whole thing. He tried to get it renewed for another year but could only get 6 months signed off because of the financial year ( or so he says), there has been no mention of not renewing. This contract is set to end June 19th, I will be 7.5 months pregnant then, if they don't renew do I have any rights?

    The wording of the contract is that I'm employed for a specific project, however I'm Office Manager so that project is not really one that ends...

    I would if they renew be looking to go on maternity leave July 28th as am due mid August..

    Any insights most welcome!
Page 1
    • sangie595
    • By sangie595 19th Apr 17, 12:55 PM
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    sangie595
    • #2
    • 19th Apr 17, 12:55 PM
    • #2
    • 19th Apr 17, 12:55 PM
    You have a fixed term contract, and unless you could demonstrate that the ONLY reason they aren't renewing is your pregnancy, then toy are in the same position as anyone else on a fixed term contract. Your maternity leave would terminate on the expiry of the contract, but if you qualify for SMP, you would still get that.
    • Ninachu
    • By Ninachu 19th Apr 17, 1:06 PM
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    Ninachu
    • #3
    • 19th Apr 17, 1:06 PM
    • #3
    • 19th Apr 17, 1:06 PM
    My Maternity leave is fine as I'll be there 15 weeks before my EDD.

    So that means if they don't renew it constitutes dismissal?
    • Tammykitty
    • By Tammykitty 19th Apr 17, 1:08 PM
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    • #4
    • 19th Apr 17, 1:08 PM
    • #4
    • 19th Apr 17, 1:08 PM
    If you have enhanced maternity provision, personally I would take my maternity leave as early as possible (11 weeks before the due date)
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    • sangie595
    • By sangie595 19th Apr 17, 1:10 PM
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    sangie595
    • #5
    • 19th Apr 17, 1:10 PM
    • #5
    • 19th Apr 17, 1:10 PM
    Any non renewal is a dismissal! But unless the REASON for the non renal is related to your pregnancy, it's a fair dismissal. You don't get any extra rights to renewal because you are pregnant.
    • sangie595
    • By sangie595 19th Apr 17, 1:18 PM
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    sangie595
    • #6
    • 19th Apr 17, 1:18 PM
    • #6
    • 19th Apr 17, 1:18 PM
    Sorry, I have just realised that I misread a date. Yes, it is correct that if the contract ends before your maternity leave starts, you won't still be employed by them so you would get SMA, not SMP. So taking maternity leave earlier may be good advice. But it won't stop them ending your employment. If that is what is going to happen.
    • Ninachu
    • By Ninachu 19th Apr 17, 1:31 PM
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    Ninachu
    • #7
    • 19th Apr 17, 1:31 PM
    • #7
    • 19th Apr 17, 1:31 PM
    Can I wait till near the end date of my contract to take leave, as I do get enhanced Mat pay, I'd rather not do 11 weeks as I'll be bored!

    Also money will be tight after the 9 months are up.
    • motorguy
    • By motorguy 19th Apr 17, 1:34 PM
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    • #8
    • 19th Apr 17, 1:34 PM
    • #8
    • 19th Apr 17, 1:34 PM
    Also money will be tight after the 9 months are up.
    Originally posted by Ninachu
    Only for the first 21 years or so....
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    • Ninachu
    • By Ninachu 19th Apr 17, 1:35 PM
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    Ninachu
    • #9
    • 19th Apr 17, 1:35 PM
    • #9
    • 19th Apr 17, 1:35 PM
    Also as I understand it, as I will have been at this company 1.5 years I will still get my enhanced mat package and get SMP.

    As I have at least 26 weeks service and will be there 15 weeks before my EDD.
    • sangie595
    • By sangie595 19th Apr 17, 1:47 PM
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    sangie595
    Also as I understand it, as I will have been at this company 1.5 years I will still get my enhanced mat package and get SMP.

    As I have at least 26 weeks service and will be there 15 weeks before my EDD.
    Originally posted by Ninachu
    Are you absolutely sure about that? Company maternity pay is often tied to continuing employment, and ceases if your employment ends. Only SMP is guaranteed if you meet the criteria. Company schemes don't have to follow the same conditions.
    • sangie595
    • By sangie595 19th Apr 17, 1:48 PM
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    sangie595
    Only for the first 21 years or so....
    Originally posted by motorguy
    Depends. According to the latest figures that only applies to girls. It's 36 for boys!
    • Ninachu
    • By Ninachu 19th Apr 17, 2:10 PM
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    Ninachu
    Our company is quite good with that fortunately. We still get it and don't have to pay it back etc of we do not come back to work.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 19th Apr 17, 2:22 PM
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    ScorpiondeRooftrouser
    But surely you will have left the company before you even start your maternity leave. You won't get anything from them as you won't be working for them.
    • sangie595
    • By sangie595 19th Apr 17, 3:17 PM
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    sangie595
    I have to admit that that sounds too good to be true. Carry on getting company maternity pay whilst not employed by them and don't pay it back even if you voluntarily leave? That's unusually generous. Especially for someone with 1.5 years service. OP, I know you said this is the case, but can I ask again - are you absolutely sure of this? You get full company maternity pay even if you don't continue to work for them, and can simply leave at any time and not pay it back? Women must be queuing up to work there if they are that generous!
    • marliepanda
    • By marliepanda 19th Apr 17, 3:21 PM
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    marliepanda
    I have to admit that that sounds too good to be true. Carry on getting company maternity pay whilst not employed by them and don't pay it back even if you voluntarily leave? That's unusually generous. Especially for someone with 1.5 years service. OP, I know you said this is the case, but can I ask again - are you absolutely sure of this? You get full company maternity pay even if you don't continue to work for them, and can simply leave at any time and not pay it back? Women must be queuing up to work there if they are that generous!
    Originally posted by sangie595
    Agreed. It does seem FAR too good to be true. The company essentially paying you for over two years for only 1.5 years service?
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