Talk

Advanced search

pregnancy/maternity rights on a temporary contract

(5 Posts)
pinkmook Fri 01-Aug-08 19:43:26

Hi I wonder if any one could help me. I am currently TTC (12months in gah!) and am looking to change my job (long story!) I have been offered an interview next week for a job I'd really like but it is only funded until March 2009 (they have said its likely the funding will continue but can't guarantee this obviously).

Its likely my TTC is going to take quite a bit longer but just in case [wishful thinking emoticon] I do by some miracle get up duffed, and I have managed to get this new job how does it affect my maternity rights?? I understand I wont get full rights unless I have been there for 6 months before 15 weeks befre due date but if I was there 6 months before this would I then get full rights or not?? Sorry if its obvious but I am really unsure if I would have the same rights or not?

Any advice/knowledge/hectoring appreciated

RuthT Fri 01-Aug-08 20:10:15

try this site

www.direct.gov.uk/en/Diol1/EmploymentInteractiveTools/DG_065384 which will give you a personalised guide to your entitlement

and this one for more info

www.berr.gov.uk/employment/employment-legislation/employment-guidance/page34031.html

pinkmook Fri 01-Aug-08 20:13:39

Thanks Ruth - I tried the first one already but I am not sure if a contract such as this means I am an employee or not?? sorry if I sound like a thickie!!

Any one got any clues?

RuthT Fri 01-Aug-08 21:12:57

Are you employed by that company or will you be self employed or contracted?

You can usually tell if a bit confused by whether you are getting benefits. If you are employed by the company on a fixed term basis you can't be treated differently to permanent members see ACAS below

Comparing the treatment of fixed-term employees with that of permanent staff
The general rule is that, except where there's good reason, employers mustn't treat fixed-term employees less favourably than permanent employees doing the same, or largely the same, job. This means that fixed-term employees have the right (except where there's good reason) to:

the same pay and conditions
the same or equivalent benefits package
access to an occupational (company) pension scheme (except perhaps where the fixed-term contract is for less than two years)
the right to be informed about permanent employment opportunities in the organisation
However, fixed-term employees don't have the right to the same pay, conditions and benefits if their overall terms and conditions, although different from those for permanent employees, are just as good or better. For example, an employer can choose to give fixed-term employees better pay instead of pension rights.

Not renewing a fixed-term contract is treated as a dismissal, so if the contract is not renewed fixed term employees also have:

full redundancy rights (if continuously employed for two years or more, unless they signed a clause waiving their right to a redundancy payment before 1 October 2002)
statutory protection against unfair dismissal (once they have one year's service)

pinkmook Fri 01-Aug-08 21:27:41

Thanks RuthT that helps loads

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now