Possibly in the wrong place - pregnancy and work contract

tigerfeet123

Not sure if this should be posted here, but I am just wondering if anyone knows wether if i became pregnant within my 12 months contract at work, i would be out on my ear after the contract had ended?? I know this sounds obvious, but ive been reassured that i would be kept on after this (possibly given another 12 months, or maybe permanent) without the mention of pregnancy (so im kinda scared to mention that im planning it)....i know they have to have a good reason to not keep me on, but how easy is it for them to just say no??

McKneff

Don't tell them until you absolutely by law have to and just see what happens.

You say you have been reassured but this means absolutely nothing unless its down on paper and signed.

Sambucus_Nigra

Are you pregnant?

tigerfeet123

No im not pregnant, not yet, mainly due to waiting around not knowing what to do about my work contract. I am employed by local authority so its not like its some dodgy company (most of the time!!!)....i know they cant make my post redundant because at the moment they are trying to recruit more people to the same role....

Sambucus_Nigra

Nobody on here knows whether they will make you redundant or not. They might or might not not renew your contract - pregnant or not.

There is very little advice that can be given apart from, if you do get pregnant, get it in writing that they intend to renew.

browneyedbazzi

There's a big difference between choosing not to renew a fixed term contract and redundancy -At the end of a fixed term either party can just choose to part company. Doing so would not prevent them from immediately recruiting someone else to the same post.

How long is left in your current contract? Depending on your circumstances it might be worth waiting to see if a permanent job or further 12 months is offered prior to trying to get pregnant.

KiKi

browneyedbazzi wrote: »

There's a big difference between choosing not to renew a fixed term contract and redundancy -At the end of a fixed term either party can just choose to part company. Doing so would not prevent them from immediately recruiting someone else to the same post.

That's not true, I'm afraid. When a fixed term contract finishes, it is a redundancy - because the role is no longer required. Therefore when a fixed term contract finishes, if someone else is brought in to do the same role, there are potentially unfair dismissal issues relating to that role, if someone has more than 12 months' service (prior to April 6th). Employees on fixed term contracts have the same redundancy rights as those on 'permanent' contracts.

Equally, if there are people on a fixed term contract and people on a perm contract doing the same job (and the OP says they are recruiting to the same role currently), then when OP's contract comes to an end, all employees doing that role should be in a pool to decide who actually leaves - it's not automatically the holder of the fixed term contract (which is unlawful). So it's not always that straightforward.

(And another reason why fixed term contracts over 12 (prior to April 6th) / 24 months (after April 6th) are completely pointless if you have permanent staff in the same role.)

But a local authority - as a unionised organisation - should know that.


OP, assuming you're on a fixed term contract for 12 months, they can lose you at the end of the contract, pregnant or not. As long as they don't let you go *because* you're pregnant. However, a promise or suggestion that they may renew the contract or offer a permanent job means nothing until you actually have a contract in place.

Crucially - when did you start working there?
KiKi

tigerfeet123

thanks for this information.....i started working there on 2nd april this year....so ive been there almost 5 months ish....my contract says that it is fixed term due to end on 31st March 2013. I know and understand that promises mean nothing unless on paper, but considering that i know they will still have other people in the same role i wondered if they could actually screw me over!
Its a childcare based service anyway, so id hope theyd be very supportive, but as nice as they are, its business and i dont trust anyone! Im wondering, could they not renew my contract and then 'rename' the post to something different but similar?

KiKi

tigerfeet123 wrote: »

thanks for this information.....i started working there on 2nd april this year....so ive been there almost 5 months ish....my contract says that it is fixed term due to end on 31st March 2013. I know and understand that promises mean nothing unless on paper, but considering that i know they will still have other people in the same role i wondered if they could actually screw me over!
Its a childcare based service anyway, so id hope theyd be very supportive, but as nice as they are, its business and i dont trust anyone! Im wondering, could they not renew my contract and then 'rename' the post to something different but similar?

As you won't have 12 months' service at March 31st, yes, they could lose you and just recruit directly in to replace you.

After 12 months they can't do this; you would have the same rights as permanent staff to a fair redundancy process and opportunities for other roles.

Strictly speaking, if they have people in the *same* role as you, in permanent posts, they should put you *all* through a redundancy process when your contract ends. But with less than 12 months' service they could just find another reason to let you go anyway.

KiKi

tigerfeet123

Thankyou, so that couple of days March 31st - April 2nd means i wont have done 12 months....mmm clever!!
Anyone else think i need to wait til march 31st, see what happens to my contract and then think about the baby thing??
what if they renew it only for another 12months??

browneyedbazzi

KiKi wrote: »

That's not true, I'm afraid. When a fixed term contract finishes, it is a redundancy - because the role is no longer required. Therefore when a fixed term contract finishes, if someone else is brought in to do the same role, there are potentially unfair dismissal issues relating to that role, if someone has more than 12 months' service (prior to April 6th). Employees on fixed term contracts have the same redundancy rights as those on 'permanent' contracts.

Equally, if there are people on a fixed term contract and people on a perm contract doing the same job (and the OP says they are recruiting to the same role currently), then when OP's contract comes to an end, all employees doing that role should be in a pool to decide who actually leaves - it's not automatically the holder of the fixed term contract (which is unlawful). So it's not always that straightforward.

(And another reason why fixed term contracts over 12 (prior to April 6th) / 24 months (after April 6th) are completely pointless if you have permanent staff in the same role.)

But a local authority - as a unionised organisation - should know that.



KiKi

Thank you for that explanation Kiki. That is very interesting to know...and quite different to what I've heard from HR at a previous local authority. Wish I'd known this a few years ago because a friend ended up leaving at the end of a fixed term contract with nothing. Local authorities don't always get it right I guess!