contract work and pregnant

kasia1980

Hi everyone

Can someone please help with my delema.
I,m on the roll-on 3 month contract. Been with same employer for more than 9 months and before that work for them through the agency.
Nom I'm pregnant. I'm in my 8th week.
Now my current contract run out 31st of July and there is no reason for them not to extended. If not they should tell me in the next few days , month in advance.
Now my big question is when do I tell them.
Before the end of July ? Can they than not re-new contract?
If I tell them before are they bond by gov. law to keep me in the employment.
Will they have to keep the job open for me?
I like what I do and would like to return to the company after maternity leave so I would like to be fair to them and tell them early.
On the other hand this is going to be most stresfull time financialy and I can't afford to loose the job now.
Can anyone tell were do I stand legally?
I want to stay in the employment as long as possible.

All the good help welcome.

katskorner

I can't remember exactly when you HAVE to tell them but it isn't for ages yet. I think it might be around 24 weeks but honestly can't remember as I had my last one 18mths ago and haven't been employed for a good while as I have three littlies. you can check and someone will be along soon enough with it all anyway! Congrats btw - great news

Googlewhacker

I think it is 15 weeks before due date.

mariefab

As Googlewhacker said...

http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_10026556

SarEl

kasia1980 wrote: »

Hi everyone

Can someone please help with my delema.
I,m on the roll-on 3 month contract. Been with same employer for more than 9 months and before that work for them through the agency.
Nom I'm pregnant. I'm in my 8th week.
Now my current contract run out 31st of July and there is no reason for them not to extended. If not they should tell me in the next few days , month in advance.
Now my big question is when do I tell them.
Before the end of July ? Can they than not re-new contract?
If I tell them before are they bond by gov. law to keep me in the employment.
Will they have to keep the job open for me?
I like what I do and would like to return to the company after maternity leave so I would like to be fair to them and tell them early.
On the other hand this is going to be most stresfull time financialy and I can't afford to loose the job now.
Can anyone tell were do I stand legally?
I want to stay in the employment as long as possible.

All the good help welcome.

I'm sorry but it isn't quite that straightforward. Whilst you do not yet have to tell them, if they will be inclined to not renew your contract for these reasons it isn't that easy. If your contract comes up for reneal every three months, and you have only been there for 9 months so far, then they could, even if you get past this next renewal, decide not to renew it the time after. Obviously, they cannot do this because you are pregnant, but provided that they can provide an explanation for why it isn't being renewed, it would be impossible for you to prove otherwise. That is assuming that they haven't already guessed - one of our staff announced that she is 12 weeks pregnant the other day, and the rest of us were all wondering when she was going to tell us!

They are not bound by law to keep you in employment simply because you are pregnant. It is certainly more difficult to dismiss a woman who is pregnant, but in truth only because they have to be more careful not to give rise to a claim of discrimination. That said, unfortunately it is not that hard, especially in the circumstances that you described. A "downturn in work load" can legitimately lead to them not extending a temporary contract.

Whether you tell them or not really has to be a decision you make, and one based on how you think they may react. Obviously not telling them means that they won't not extend the contract this time (or at least, not for that reason) - but equally if they guess you would find it hard to argue that they failed to extend due to your pregnancy when they will simply turn around and say that they didn't even know.

System

As a contract worker no reason needs to be given for non renewal of contract.

They only need to give 4 weeks notice if they are terminating your contract early. For natural end of contract they do not need to say anything but the majority of employers will normally tell you.

iamana1ias

kasia1980 wrote: »

I,m on the roll-on 3 month contract. Been with same employer for more than 9 months and before that work for them through the agency.

How long were you there continously through the agency?

If it comes to more than 12 months in total (including your 9 months on contract) then you have more rights than if it's less than 12 months.

SarEl

!!!!!! wrote: »

As a contract worker no reason needs to be given for non renewal of contract.

They only need to give 4 weeks notice if they are terminating your contract early. For natural end of contract they do not need to say anything but the majority of employers will normally tell you.

That isn't actually the case. Any employee with more than 12 months continuous service has the right to ask for a written reason for dismissal (which includes reasons for not renewing a contract). Just don't expect th ereason to be true if they have done something unlawful.

kasia1980

Hi All
Many thanks for your help.
I work for them through the agency from Oct 08 so about 11 months

System

SarEl wrote: »

That isn't actually the case. Any employee with more than 12 months continuous service has the right to ask for a written reason for dismissal (which includes reasons for not renewing a contract). Just don't expect th ereason to be true if they have done something unlawful.

And that's why the majority of companies prefer to get their contract staff through an agency. The agency then employ you and not the company. Even better for them if they insist that you work through an umbrella co. or Ltd Co. Removes the agency as well if they write their contract correctly.

duchy

I'd read through your contract very carefully -there's probably a clause that says something to the effect that the client can terminate your contract at any time and for any reason -or even not give a reason. It'd be down to you to prove the reason was pregnancy-which is difficult. Also don't forget your employer is not the client but the agency.

I'd keep quiet until it is at least renewed this time.