Maternity - Might be complicated

NYM

When is the baby due?

The NUT Maternity-matters guidance states that;

To be entitled to the provisions of the Burgundy Book scheme, you must still be employed at the date you take your leave. A break in your service before you start maternity leave will affect your entitlements to maternity pay. Teachers whose fixed-term contracts expire without being renewed before their maternity leave commences will not be entitled to occupational maternity leave or pay. Expiry of a fixed-term contract shortly before the commencement of maternity leave does not, however, affect your entitlement to receive Statutory Maternity Pay as set out in Section 4

pebbles88

dadtobe wrote: »

Hiya evidently you don't know how it works so I have the below what you're not including is this is continuation of employment for Maternity.

I suggest you don't comment on what you don't know and I don't ask the armchair experts for advice.

Is there a reason that you're being so throughly unpleasant to the people that have taken the time to answer your query?

I'm starting to think this burgundy book is some mystical magical book! :rotfl:

k3lvc

pebbles88 wrote: »

Is there a reason that you're being so throughly unpleasant to the people that have taken the time to answer your query?

Not sure the OP realises how much easier it would be for employer to demonstrate that role was fixed term (i.e. even an unsigned contract or internal meeting notes) than it will be for him, on behalf of Mrs OP, to show that it was a permanent role

Whilst I also don't have access to this mystical burgundy book it certainly seems a strange arrangement re continuous service which I would expect to be blown out of the water if the role were proved to be fixed term.

ViolaLass

You can find the burgundy book by googling, it's freely available. It's just a written copy of everything agreed between unions and LEA schools.

sgun

She doesn't have continuous service as she left and worked for someone else for two years. Does she have an S1 at least? Who on earth takes a job without it? Contract obviously better but there are other things she may have without realising they were important. Oh, and dadtobe, calm down, you are coming across as quite aggressive but I do understand that this, along with the imminent new arrival is stressful. People are trying to help.

k3lvc

ViolaLass wrote: »

You can find the burgundy book by googling, it's freely available. It's just a written copy of everything agreed between unions and LEA schools.

Found it - a candidate for re-writing by the Plain English campaign if ever I saw one :rotfl:

dadtobe

sgun wrote: »

She doesn't have continuous service as she left and worked for someone else for two years. Does she have an S1 at least? Who on earth takes a job without it? Contract obviously better but there are other things she may have without realising they were important. Oh, and dadtobe, calm down, you are coming across as quite aggressive but I do understand that this, along with the imminent new arrival is stressful. People are trying to help.

Thanks! Frustrating because we have already covered the Mat Leave entitlement already for me its a non issue and we know what she is entitled too but as I have covered already the statement above continuous service is incorrect this around teaching and maternity.

My main query was that if it is indeed on a fixed term term contract and they're recruiting for the permanent post would there be anything legally for her to be matched into the role. Like I mentioned there isn't any performance issues at all they're gutted she's going.

Then again nothing surprises me there was no risk assessment done at all.

Due Feb - Contract to run until September.

dadtobe

k3lvc wrote: »

Not sure the OP realises how much easier it would be for employer to demonstrate that role was fixed term (i.e. even an unsigned contract or internal meeting notes) than it will be for him, on behalf of Mrs OP, to show that it was a permanent role

Whilst I also don't have access to this mystical burgundy book it certainly seems a strange arrangement re continuous service which I would expect to be blown out of the water if the role were proved to be fixed term.

From the schools perspective but she wouldn't have access to internal notes nor were they taken, even if it was due to budget cuts which I understand but how would she be reasonably be expected to know that. The burden of proof would shift to the employer to prove it was a fixed term contract all along and they told her that at the point of offering her a job.

I might add an unsigned contract is exactly that an unsigned contract.

A job ad, offer letter, contract even an interview would show it was fixed term or not.

k3lvc

dadtobe wrote: »

The burden of proof would shift to the employer to prove it was a fixed term contract all along and they told her that at the point of offering her a job.

I might add an unsigned contract is exactly that an unsigned contract.

And an unsigned contract showing it was fixed term is, unfortunately, more evidence than she has at the moment that it was permanent.

FBaby

Due Feb - Contract to run until September.

I'm confused, what contract? You say your fiance was under the expectation that it was a permanent role, and then you say she was told it would expire in January, where is September coming into it?

That school seem to make a lot decision totally ignoring HR rules. Offering a job on a night out to replace one's best friend...mmm.... Who was the person offering the job? The Head of the school? Is it during this conversation that your wife assumed it was permanent or was it following another conversation (maybe a bit more formal?).

I wonder what a judge would say if they had to make a decision. I expect look at normal practice, ie. have they ever offered permanent role without advertising it or interviewing. Similarly, do they always offer fixed term role without going through the process.

The fact that they never gave a contract, but that your wife never asked for one either, that when she was told that the post was fixed, she didn't challenge it then/raised a grievance will no in her favour but then would a judge conclude that in all probability, they decided the contract was fixed to suit them.

Have they advertised for her replacement yet or not?