Employer advice please

[amehh]

Hi, I've just found out I'm pregnant (4+1). I started a new job on 28th Jan as a TA, it's fixed term until the end of the school year when they will "assess their staffing needs for the next year" and I'm on a 6 month probation period (So this goes right until the end of my fixed term contract).

Does my employer have the ability to dismiss me at any time after I tell them? I'm worried I'll be pushed out and not renewed. I know I'm doing a good job already and that my role is needed so would I still be protected under maternity law? I would be returning until hopefully October half term if possible (due date 1st Nov) and returning in the following September at the latest.

Does anyone have any advice? I really love this job and I'm worried I've jeopardised it now :(

It's a tough one. Essentially if you are not renewed it has to be for non pregnancy related reasons otherwise it would be against the law.
However, as its a fixed term contract it does give them the opportunity to find issue with your work or say that staffing needs have reduced and therefore not extend it.
It's a tough position to be in. You don't have to tell them just yet so I'd recommend getting some professional advice.
I started my job in October and am currently 8 weeks. My probation is 6 months and I expect I'll be about 16 weeks by the time that's up. I've had positive feedback so far at my 3 month review but will be holding out until the probation is over just in case.

I was on probation when they found out I was pregnant. Similar to you.

They cannot dismiss you or not pass your probation due to being pregnant. They're to not pass your probation for a proper legitimate reason non pregnancy related. If they don't and they make something up you can fight this of course.

I'm sure they will be very understanding. Mine passed my probation and I got a bonus and pay rise! I would try not to worry too much, you don't have to tell them yet. I didn't until I was 14 weeks and couldn't hide it and longer as I looked pregnant already (major bloating!) X

You have no rights with less than 2 years service, apart from discriminatory ones. If they decided to let you go for a non-discriminatory reason you would have no comeback legally.

As you were pregnant before starting, you also won’t be eligible for SMP.

My probation is 6 months and I expect I'll be about 16 weeks by the time that's up. I've had positive feedback so far at my 3 month review but will be holding out until the probation is over just in case.

Probation is a red herring.

@Boobiliboobiliboo what do you mean by no rights? Of course she has rights..

On a fixed term contract they do not have to give a reason not to extend unless it was indicated that it's an ongoing contract subject to renewal in July. Unfortunately this leaves you very vulnerable as they can legally just employ you until July and not renew

She should be able to claim Maternity Allowance

what do you mean by no rights? Of course she has rights..

Nobody has full employment rights until they have been employed for 2 years. The only day one rights are around discrimination as defined in law, so if they sacked her for being pregnant she could bring a case for sex discrimination. If they said they didn’t need her anymore or she wasn’t good at her job she wouldn’t be able to do anything.

Maybe I just have a good employer then.

I've read if you're on probation they have to give you a reason for letting you go.

If you're on a fixed term that is entirely different and they do not need to give you a reason why they aren't going to take you on..

OP all you can do is speak with them when you want to tell them you're pregnant and go from there x

Check your employment contract and also ask HR for their maternity policy. This should be kept between you and HR and not shared within the business that you have asked for it.

I've read if you're on probation they have to give you a reason for letting you go.

Absolute codswollop.

Passing probation may confer contractual rights, but it has no effect on statutory rights (or lack of).

Ah just read you're fixed term!!

That could be a different ball game. I was fixed term too but they did keep me on permanently. As above you just need to be honest when the time is right but gather eating you can at the moment.

If you go online and use the statutory maternity calculatorit will tell you whether you're entitled to smp or maternity allowance x

A maternity policy won’t cover a specific scenario like this.

If she was pregnant before she started work she categorically won’t be entitled to SMP.

Please don’t give advice if you don’t actually know the answers. Some of us work hard to qualify in this stuff!

@Boobiliboobiliboo it will give her an insite on what she's entitled to if they keep her on?!

Are you just here to pick a fight or to try and help the OP?

She won’t be entitled if they keep her on either.

I’m giving the OP the benefit of my 15+ years in HR/employment law, for free.

Is that somehow less worthy than your total guesses?

Also she's estimated to be 4+1 from last period I presume? As a scan won't show that. She may have ovulated later than expected.

That's what happened to me, I had been there literally just enough time and was given my company maternity pay as well as smp..

Hi everyone, thank you for commenting. A bit more info (my contract arrived after I posted!)

My contract is fixed term until 31st August (not July as I thought). Also I know I won't qualify for SMP, I'm a week short which is really annoying! Oh well.

I also know that to not renew a fixed term contract that it is still considered a dismissal so still requires a legitimate reason to dismiss i.e. an ongoing performance issue or a changed staffing need. They have been quite vague about "considering their staffing needs" but I assume this is because they want to cover their backs and not have everyone assume they will be renewed. Of course, proving they aren't making up a non-pregnancy related reason if they did decide to not renew is the issue.

I think I'll wait as long as possible to tell them (its my second baby so hopefully i won't pop out too early!) and perhaps ask for a meeting with the head teachers to let them know and also how much I am enjoying the job etc and I fully intend to return. I don't think I could do more than that and if they still decide to not renew me then I guess everything happens for a reason!

Thanks again everyone :)

Hardly a guess when I started work 2nd January and found out I was pregnant in the February 2 years ago..

I got company maternity pay for 3 months in full, half pay for 3 months and then smp for 3 months.

I was on probation when I found out I was pregnant and also in a fixed term for 1 year? They kept me on.

I also know that to not renew a fixed term contract that it is still considered a dismissal so still requires a legitimate reason to dismiss i.e. an ongoing performance issue or a changed staffing need.

Not with less than 2 years service. They could argue SOSR depending on what your contract says.

Hardly a guess when I started work 2nd January and found out I was pregnant in the February 2 years ago..

That definitely trumps the thousands of maternity cases I’ve dealt with.

I got company maternity pay for 3 months in full, half pay for 3 months and then smp for 3 months.

The date on your MATB1 must have changed at some point to enable that. Or your employer could have gone above its statutory/contractual obligations. But not everyone does.

I was on probation when I found out I was pregnant and also in a fixed term for 1 year? They kept me on.

Congratulations. Doesn’t mean the same will happen to the OP because the law doesn’t require it to.

I'm glad that things worked out well for you@WBWIFE, but you're giving your own experience which is far more generous than statutory provisions, and what many women experience. @Boobiliboobiliboo's posts are accurate in terms of entitlement, and the reality of how easy it is to get rid of an employee.

Not all, no. But you're going off just your company by the sounds of it?

Her contract has obviously stated that They will give her reason if they don't keep her on, as she said in her post and you've just said 'no as it's under 2 years they do have to'.

They may not have to, but obviously her company has said they will give her a reason if they don't renew the contract, as did mine.

@Tomtontom OP has stated her company will give her reason if they don't keep her on. Mine was also outlined in my contract that they would give me reasons for not keeping me on..

@Boobiliboobiliboo I think I'll just have to have positive thoughts - not much I can do about it now! I really appreciate your knowledge, I studied HR but I didn't stay in the career so I don't have the broadest knowledge.