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Rights to do with work contracts and maternity leave.

4 replies

Hattie05 · 21/03/2006 21:16

Does anyone know what rights i have before i announce my pg to work?

Basically, my post is refunded each year, so i only ever have an annual contract. March each year, there is tension whilst we wait to hear if funders are going to continue funding me.

This year, i will be on maternity leave when that happens (baby due in November) and i'd plan to take my years entitlement. Is there anything to stop my work from telling me my contract won't be renewed just to avoid having the long period of absence.
a) my post would be difficult to find cover for - and difficult to organise whilst i was away.
b) they could cancel my contract, and then create a 'new' post with different title as my replacement.

Thanks in advance.

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Mazzystar · 21/03/2006 21:21

er - yes. even if you are on a fixed term contract once you have been employed for more than a year you have to be treated the same as a permanent employee in respect of all rights.

the \link{http://www.acas.co.uk\ACAS} website is very good on all of this stuff

Hattie05 · 21/03/2006 21:39

Thanks for that Mazzystar, i've just had a read throught there.

I think though, the case is as i suspected. All it says is an employer cannot dismiss or make a women redundant because of her pregnancy or maternity leave.

But there doesn't appear to be anything stopping my funders (different from employer) from saying they won't be funding the following year.

By which time i would only be receiving statutory maternity pay anyway. its not the pay i'm concerned with, its keeping my job for when i want to return.

If they didn't renew my contract, i would have to prove that my maternity leave was their deciding factor which i'd imagine would be impossible.

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Mazzystar · 21/03/2006 21:55

obviously the employment law can only relate to your employers, not the funders.

your employers would not be able to make a decision not to renew your contract wihtout making you redundant. if they did this and and then recruited for a similar role or you would have a case for wrongful or unfair dismissal (not quite sure which is the right terminology, sorry).

i'm sure your employers value your work sufficiently not to consider ending your contract for the sake of inconvenience. and the funders must too if they repeatedly fund you.

is there anything that you can do to bring forward the funding decision? or anyone you can speak to at the funding agency?

Hattie05 · 22/03/2006 11:37

Thanks Mazzystar. You are right, i know my employers are unlikely to do this, its just a fear i have and wanted to know what my rights were before i spoke to them.

When i do let my employer know about my pregnancy i will mention this as a concern and see how they can reassure me.

Thanks

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