Fixed term contracts

[Twinny22]

My fixed term contract is up in Oct and Ive heard it isn't going to be renewed. I haven't told my employer Im pregnant yet and my due date is 15 Nov. For my mat leave I would have been entitled to 90% of my salary for 18 weeks before it goes to stat mat leave. I've worked for the same company for 14 years and now Im worried that by ending my contract in Oct- I'll miss out on my 18 weeks on 90% pay. Can anyone advise me on the best course of action.

[virgiltracey]

why are you on fixed term contract if you've been there for 14 years? have you had breaks in between the contracts? Your qualifying service for statutory protection from unfair dismissal commences from the start of your employment with the employer, not the start of a particular job and so if your contract is not being renewed then this will presumably be for redundancy? Or is there another reason?

In any event, if your employment is terminated fairly and for a fair reason prior to your commencing maternity leave then you will potentially still be entitled to statutory maternity benefit but not to your employers contractually anhanced scheme.

[virgiltracey]

sorry about typos trying to multitask!

[Twinny22]

It has been continuous employment and the reason for ending the contract will be to save the company money - so I'll be made redundant. The job is still viable but I've heard they want to save money and will get someone else to do 2 jobs for the price of one.

[virgiltracey]

doesn't sound like you're on a true ftc then. There must be a true redundancy situation (not necessarily the case here), you must be consulted and they must seek alternative employement for you (although you don't get preferential treatment re alternative opportunites unless you're actually on mat leave by the time you are made redundant). You must also be given notice (which if you've been there for that length of time will be at least three months).

They can't simply make you redundant ad then get someone else in to do the job more cheaply (or at least that would potentially amount to unfair dismissal). They could replace two jobs with one job but then wouldn't you stand a chance of getting that role?

Is yours the only role at risk or are there others. That will affect the speed at which they terminate the employment.

[flowery]

If you've been there 14 years you are not on a fixed term contract you are a permanent member of staff.

If you leave employment in October you won't be entitled to the company's enhanced maternity pay, so what you need to focus on is whether any redundancy (because it would be redundancy) is fair or not.

Your best course of action at the moment is to wait and see really. If they at the appropriate moment come to you and say they need to save money (which is a valid business decision) and think x and y jobs could be done by the same person (another valid business decision), you should then participate in the process, make alternative suggestions and ensure they are following a fair redundancy procedure. If they don't follow a fair procedure, or if for example you feel your pregnancy is part of the reason for the decision, then at that point you might have a case.

[cookcleanerchaufferetc]

I read somewhere that if you have done the same job for more than 7 years I think it was a fixed term contract is not applicable. Contact acas.