Temporary, term time contract & pregnant

[Roobear23]

Asking on behalf of a friend.

She has been employed there less than a year. They had said it would become a permanent contract but since telling them she is pregnant this hasn't materialised (nothing formal just a verbal understanding it would become permanent). My friend doesn't know when to start maternity leave and is due in June.

She isn't sure whether it is best to just hand in her notice. She will need to work once mat leave has finished but really doesn't enjoy this job and obviously only has a temp contract at the moment.

Does anyone have any advice in this situation? Does she have any rights or can anyone suggest which is the best option for her financially?

Thank you.

[TinaTop]

Unfortunately there's nothing she can do to make them give her a permanent contract and it's unlikely to materialise now she's pregnant.

When does her temp contract end? If it ends before she would start mat leave then she isn't entitled to any paid leave. If it ends during her mat leave then she's only entitled to paid leave until the date her contract ends.

[flowery]

”When does her temp contract end? If it ends before she would start mat leave then she isn't entitled to any paid leave. If it ends during her mat leave then she's only entitled to paid leave until the date her contract ends.”

Completely wrong. Once she has met the qualifying requirements for statutory maternity pay she is then entitled to it, the full 39 weeks of it, even if her employment ends. Entitlement to SMP is decided by two things, length of service by the qualifying week (15 weeks before due date) and average earnings over an 8 week period leading up to that date.

Therefore as long as she’s been employed 26 weeks by the time she is 25 weeks pregnant, and earns enough, she’ll have qualified for SMP. She could then leave employment at any time after that and even though she no longer works for them, her (ex) employer would have to pay her SMP for her maternity leave, which would only stop if she starts work for a new employer.

[flowery]

”She isn't sure whether it is best to just hand in her notice.”

Definitely not. At some point before the end of her contract her employer will have to inform her whether they are extending the contract, making it permanent or dismissing her. If they dismiss her and there are clear grounds to suggest that she would not have been dismissed if she were not pregnant then she could consider appealing it and possibly claiming discrimination. If it’s not clear and/or she doesn’t want to do that, she should at least stay employed as long as possible to make sure she meets the requirements for SMP and also continues to accrue holiday.

[Roobear23]

Apologies, I didn't get a notification that anyone had responded.

Thank you for that advice, that is kind of what I thought and will pass it on.

[PetulantPolecat]

Sorry, what’s a temporary contract? Is that the same as fixed-term contract with an agreed upon date? Why would an employer need to “dismiss her” as opposed to simply not renewing a new contract?

[flowery]

A temporary contract is one that ends either on a set date or at a set event, eg end of a project or someone returning from maternity leave. If someone’s contract isn’t extended or made permanent at the end of the fixed term, it still counts as a dismissal.