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Mat leave advice(9 Posts)
I have worked for the same employer (large charity org) for over seven and a half years, however it has always been on short term (funded) contracts of 1-3 years. On my first mat leave my contract expired mid way and I was offered a new role - a12 month contract which runs until March 2017. I am now pregnant again and am due in June. The problem is my contract expires in March when I will be 25 weeks. I have been told by HR today that there are no suitable roles and therefore will be beginning the redundancy process - which will mean I will be redundant in March and only be entitled to stat Mat pay. Company pay is great (6 weeks full and 33 weeks at 50%) and I am really upset not only to miss out on this but also ongoing job security to return to. Having given so much to the organisation over the years I am really upset at this (personally) but what I need advice on is can they do this? I am afraid the answer is yes... any advice gratefully received
Isn't it a case of your contract coming to an end rather than being made redundant? If you are being made redundant you would be entitled to redundancy pay but it sounds like you have never been a permanent employee and therefore you aren't actually being made redundant. It's shit that it is happening whilst you are pregnant but is it not the case that it could have happened even if you were not pregnant due to funding for the specific contracts? Will you still be entitled To maternity pay despite
Not being employed or will it be maternity allowance?
Surely if you've worked for the same employer for that long then redundancy rights apply.
Well it looks Like you will get smp as your redundancy is rigjt on the 25 week deadline so atnleastbgjag is something.
And you will get redundancy pay too
I would argue that you are an employee now - provided there hasn't been significant gaps between contracts.
From the gov.uk website
The limit on renewing a fixed-term contract
Any employee on fixed-term contracts for 4 or more years will automatically become a permanent employee, unless the employer can show there is a good business reason not to do so.
However, an employer and unions (or a staff association) may make a collective agreement that removes the automatic right to become a permanent employee in these circumstances.
If you have been working for them for 7.5 years without a break you are classed as if you were a permanent employee no matter what your contract says. Employers who want to avoid this liability force their contract employees to take a 3 month break every 12 months to ensure there is no continuity of service.
You should get the full company maternity package.
How likely is it that the "no suitable role to transfer to" is because you are pregnant? Is this discrimination?
Yes I have worked for them continuously without a break for 7 and a half years (aside from mat leave) and as such I have accrued all of the other employee benefits (e.g. extra day holiday per year after 2 years service, pension, healthcare, full maternity package - previous baby). It is quite common at the org for people to be on short term contracts (usually 1-2 years) often very close to the deadline before being renewed until new funding is secured for projects to continue. So yes I am subject to a redundancy consultation (30 days up to my end date in March). If there is no role for me to continue in then I understand that - it is the fact that I won't be qualifying for company mat pay by finishing at 25 weeks that is my main query.... it just feels so so unfair. Though to be fair there being no funding for my role isn't because of my pregnancy - just bad timing.
Miro - My feeling is I should at least get company mat pay - but what would my rights be on this? Is that at a company's discretion?
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