help re contract

[raindroprhyme]

i was employed on a one year contract in April. i go off on Maternity leave in January. That bit is all fine but work don't know if they have funding for my post next year. If they get the funding can they make me reapply for the post?

thanks in advance

[smittenkitten]

non renwal of a fixed term contract is a dismissal, so they would have to have a fair reason. if funding was not available then this would be a fair reason, but if they just arbitrarialy decide not to give it to you then it wouldn't be. is there a reason you think they might not offer it to you?

[raindroprhyme]

No apart from the fact i have gone off on Maternity leave half way through a contract.

There are 4 of us in the same post in different areas. It just doesn't make sense to me to go through the expense of remploying 4 members of staff as apose to extending the contract if funding allows.
But in my handover meeting today it was worded as if it would be a vacancy i would have to reapply for. But if they do that they will have to do the same process for all 4 members of staff not single me out, surely?

[RibenaBerry]

Is it the job you're worried about, or statutory maternity pay?

Would it help to know that, even if they discontinue your post and you are dismissed during your maternity leave, you still get all the SMP?

In terms of employment rights, after a one year contract you have the same rights as anyone else with a year's service, so your dismissal would have to be fair. A redundancy because your post had ceased could potentially be fair. However, there are certain priority rights to other vacancies which may apply to you either for priority over the 4 remaining posts or any other vacancies, depending on how things are structured (have a look in the archives for REgulation 10 if you want the full debate on this).

If the post was continued and you weren't given it because you were on maternity leave, it would be a fairly clear case of sex discrimination. Given that you talk about funding and posts, I presume you are public sector? Most public sector employers are aware of the risks of doing something this daft!

[raindroprhyme]

Third sector, Charity(volunntary) so they plead ignorance when such issues need to be discussed.
That is good to know about the SMP.
I just want to make sure i know where i stand so when i have to have a meeting with them when bubs is a month old they don't just fob me off with 'oh we arn't sure about that'
Thanks for the help Ribena you have confirmed my gut instinct i will make sure i get some advice.

Cheers
Raindrop