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Return to work following maternity leave

11 replies

OhDearShirley · 19/11/2020 20:30

Would appreciate some advice.
I was on a fixed term (6 month) part time contract which ended during maternity leave. Before leaving I was told that as my contract ended during maternity leave it wouldn't be renewed. No reason other than maternity leave given.
Coming to the end of leave now and looking at returning.

Basically my old work have said they think I need to re apply. They will be readvertising my old role in February.
I don't think legally this is accurate. As (Google) has informed me, the end of a fixed term contract is a dismissal, and the only reason (good appraisals, meeting job plan, no complaints) that I would have been dismissed is maternity leave.
I'm wondering if they could argue that they want a full time employee, whereas I'd want to return part time again, but they have indicated in emails that my application is very unlikely to be unsuccessful.
Any advice on what my position is here?

OP posts:
OhDearShirley · 19/11/2020 20:58

Hopeful bump

OP posts:
nerdsville · 19/11/2020 21:27

Has your employment actually ended and you've had your p45 etc? Presumably if you hit the 6 month mark during your mat leave then you didn't qualify for any mat pay so there would be no need for them to leave you on payroll, so what's your actual employment status at the moment?

OhDearShirley · 19/11/2020 22:05

No p45. Maternity leave means the contract is extended until the end of the leave I believe.

OP posts:
prh47bridge · 20/11/2020 08:05

I was told that as my contract ended during maternity leave it wouldn't be renewed. No reason other than maternity leave given

That is a straightforward case of maternity discrimination. You should take them to tribunal. However, it may not be easy if it is more than 3 months since your contract ended. You may still be able to claim even if it has been more than 3 months, but you will have to convince the tribunal to allow you to make your claim out of time.

dontdisturbmenow · 20/11/2020 08:37

I was told that as my contract ended during maternity leave it wouldn't be renewed. No reason other than maternity leave given
Is it that straight forward. Ultimately a fixed contract is a fixed contract and the company can end the employment at the end of it at least under 2 years of employment.

Maybe what they meant is that because the end of the 6 months happened whilst in maternity leave, the end of the contract took place during that time. Maybe they never intended to renew it at this time, pregnant or not?

It sounds like they haven't replaced OP' role yet, so why is it a clear case of maternity discrimination?

OhDearShirley · 20/11/2020 10:26

They are currently advertising for the same role.
I was there for >2 years.

OP posts:
dementedpixie · 20/11/2020 10:32

If the role was still there then you could count it as being a dismissal due to maternity leave.

notapizzaeater · 20/11/2020 10:32

Over 2 years you have rights tbh. Have you phoned ACAS ?

dementedpixie · 20/11/2020 10:39

Even if it was under 2 years she would have rights as its discrimination.

Return to work following maternity leave
prh47bridge · 20/11/2020 10:51

Is it that straight forward

Yes, it is. If the role is still there the employer must have a fair reason for not renewing a fixed term contract. They cannot refuse to renew simply because the OP was on maternity leave.

Over 2 years you have rights tbh

As this is discrimination the 2 years rule does not apply. The OP was protected against discrimination from day one.

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