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 :(

Yes. That’s the LAW. Which is what I specialise in. Which is why individual company policies are meaningless in this conversation.

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.

I said the reason can be anything non-discriminatory. So they can say they aren’t renewing because she wears too much red, because they don’t like the food she brings for lunch or that she stores all the scissors the wrong way up. And there’s nothing legally discriminatory there.

They have to give a reason because otherwise the OP could infer that it’s for a discriminatory reason, and only an idiot would actively enable that. But the reason doesn’t have to seem reasonable to you.

Sorry - more information!

My contract says "this is a fixed term appointment pending a staffing review at the end of the summer term"

And the fixed term contract policy says:

4. Does that mean the school needs to follow a dismissal procedure when ending a FTC?
   Yes, when ending any FTC, the school should follow a short, three-step procedure in order to mitigate any unfair dismissal claim:

5. Write to advise the individual that it is proposed their FTC will end, for the reasons envisaged in their original contract, offering a meeting at which this will be discussed further

6. Meet to discuss the proposed ending of the FTC, considering any representations made by the employee or their representative, before making a final decision

7. Write to advise the final decision, offering a right of appeal.

8. Can we end a FTC for a different reason to that set out in the original contract?
   Unless you have followed some other formal procedure/dismissal process (eg, redundancy or capability procedures), ending a FTC for a different reason to that for which it was established would risk a claim for unfair dismissal to an Employment Tribunal.

Don't know if that helps shed any light!

That’s the basic process. And the reason is vague enough that you could be let go without challenge.

Are you contracted to support a specific child or are you a general TA to a particular age group?

@Boobiliboobiliboo I'm a TA in year 4 although I can be put in any class if needed except early years I think

My contract has me as Learning Support Assistant (which is what my school call TAs), no specifics on year group etc

Okay. That’s a bit positive. If they reduced the number of TAs for next year you risk your contract ending as planned. If they keep the same number then you may have a chance of being kept on.

@Boobiliboobiliboo thank you :) if they reduced the staff then I'd understand, I'm just worried they will "reduce staff" iykwim to get rid and then re-hire after a month. Guess you can never tell though! Thank you for all the info

No worries. Best of luck with everything.