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Original poster

Zero hours contract and maternity leave. Do I have no rights?

12 replies

ButAIBUtho · 19/09/2018 09:07

I suspect I have no rights.

I'm a bank support worker in a private home. I generally work about 12-20 hours a week (sometimes more). And I'm 26 weeks pregnant.

The person I look after is several disabled and I've cared for this child for years. My bump is physically stopping me from doing their cares, but I can do everything else.

Obviously washing and dressing is a vital part of their care so I asked if, for the last 4 shifts (I'm cutting down for last 2 months and only working 2 shifts in October and 2 in November) that I double up with someone so I have some help.
The persons parents said no.

So, unless they are happy to do his cares on the days I work (just 4 more shifts) then I have to start my maternity leave now. At 26 weeks (or when it's legal for me to do so).
That's two months earlier than I planned.

I have no choices in this matter do I? Due to the zero contact hours?

OP posts:
Original poster
ButAIBUtho · 19/09/2018 09:09

They aren't getting back to my manager about doing the child's cares, so I'm guessing they aren't happy about that either?

OP posts:
QforCucumber · 19/09/2018 09:11

I don't think it's anything to do with the 0 hours, if you are not able to carry out your role and they are unable to offer you alternative duties then you would have to take leave early - do you have any holiday hours accrued you could take in the time between?

SassitudeandSparkle · 19/09/2018 09:12

I'm going to hopefully ask if any risk assessments have been done I doubt it

This is a tricky one and I'm not sure, try Maternity Alliance or ACAS for more information. This sounds like someone paying for their own care rather than through an agency. Are there any other duties or shifts that you can do that don't involve the personal care element?

I can see both sides of this, entirely reasonable for you to have someone else to do that part of your job in the circumstances but I can also see why they won't want to pay two people at the same time if not necessary.

Interested in this thread?

Then you might like threads about these subjects:

2nd trimester Employment advice Families General pregnancy
StarfishSandwich · 19/09/2018 09:13

Who employs you, is it the home or the parents?

LokiWho · 19/09/2018 09:16

I don't think it's anything to do with the 0 hours, if you are not able to carry out your role and they are unable to offer you alternative duties then you would have to take leave early

This is not true. They have to suspend you on full pay.

Speak to maternity action

QforCucumber · 19/09/2018 09:21

loki would suspension on full pay not equal no pay on a 0 hour contract though? (genuine question, not had to deal with 0 hour contracts in my realm) therefore it would be more suited to take the leave early or annual leave accrued?

LokiWho · 19/09/2018 09:27

Not 100% sure but I think I remember they have to average the hours worked for past 6 months before start of pregnancy (not worked in hr for 6 years so knowledge is a bit rusty)

Original poster
ButAIBUtho · 20/09/2018 11:14

Well it's official.

They are refusing to have me back because I can't physically reach the child on the bed to do his cares.

That's two months I'm going to be financially fucked for.

The family employ me. It's a private care job.
I'm livid, gutted, disappointed and worried about money. I never in a million years thought they would do this to me.

OP posts:
Original poster
ButAIBUtho · 20/09/2018 11:43

Bump does anyone have any experience.
I've been reading that even if I'm zero hours, to kick me out of a job due to pregnancy then it's discrimination.

OP posts:
FanSpamTastic · 20/09/2018 12:21

You may still be eligible for SMP eligibility.

How are you paid currently? Do they use a payroll company or do it via an agency or do it themselves?

These guys might be able to help maternity action.

Original poster
ButAIBUtho · 20/09/2018 13:10

I am eligible for SMP.
My issue is not the maternity pay, it's that I've been forced out of a job 2 months earlier than I intended. Meaning I would have to take my maternity pay earlier than I want which means 2 months being unpaid when I'm perfectly capable of working.

So I spoke to maternity action and I am considered an employee (rather than a worker) with my zero hours contract and therefore they can suspend me with full pay but they cannot discriminate and cut my hours because of my pregnancy (they can't if I'm a worker either, but I wouldn't be suspended with full pay).
I don't know how "suspend with full pay" translates to a zero hours contract but it does, I assume that they look at average earnings.
I'm typing this in case someone in my position Google's it and needs the information.

My manager is speaking to their manager to find out the legalities.
I've simply said I don't want to have to fight them legally, I just want to be able to feed my family over the two months I intended to work.
So the ball is rolling and I do have rights.

Worse case scenario now is that they feel obliged to have me back in their house after and looking after their child after I know what they have done and they know how I feel about it.
But so bloody be it, if that's the case. I will just have to suck it up.

OP posts:
FanSpamTastic · 20/09/2018 14:51

I think there are situations where your employer can ask you to start your maternity leave early - eg if you are signed off sick after a certain point. But not sure this applies in your situation as you are not sick and you are not in the last 4 weeks before your due date.

You just need some accommodation to be able to continue doing your job. Hopefully they will realise they are not acting correctly and sort things out.

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