Maternity Leave as Temp

[Cee30]

Hello,

I am with a company have been for 1 year 7 months on a ongoing temporary contract.

I have gotten pregnant and spoken to the agency about my rights for maternity leave. (I haven't told them I am pregnant yet as only 12 weeks).

They have said I will be entitled to to SMP as long as I have worked with the company continuously for 26 weeks, 15 weeks before babies due date.

Can the agency sack me when I tell them I am pregnant and will I be able to go on maternity leave with them and come back to the job.

I have thought about only going on Mat leave for only 3 months as worried about losing my job that I love and money of course.

Any advice is helpful

According to ACAS:

If you have a temporary or fixed-term contract due to end while you're on maternity leave, your employer does not have to renew it.

It's against the law for the reason not to renew it to be your sex, pregnancy or maternity.

You can ask your employer to give you the reason in writing. If you do not think it's fair, you can raise a grievance. This is where you make a formal complaint to your employer

Thank you, however I am on an ongoing temporary contract, which means I do not have an end date.

I will wait for some more knowledgeable people then because if you don't have an end date you're not on a fixed term contract, and I've never heard of this happening before. If you don't have an end date you're a permanent worker in my experience.

I work in recruitment this is correct you will be entitled to statutory maternity but they are under no obligation to keep the role open for you.

Would this include an ongoing temporary contract, when I got the job it was meant to only last 3 months however they have kept me on (still as an agency worker). I have now been with the company for 1 year 7 months.

More importantly I would like the Maternity leave

So you're actually employed by the agency then?

Who pays you?

Yes employed by the agency

The agency

you are only contracted via the agency not a perm member of staff

I wait to be corrected by someone but you're employed by the agency so I'd expect they only have to provide you with a placement once you're back, rather than the placement you currently have?

they wouldn't even have to guarantee a contract when back that's the nature of temp jobs no guarantee. temp jobs are usually to cover a short to mid term need and the benefit to the client is they can terminate at any stage :)

It explains it all on here op

maternityaction.org.uk/advice/maternity-and-parental-rights-for-agency-workers/

"You need to be classed as an employee to have the right to take maternity leave and return to the same job. Agency workers can agree a period of time off with their agency and/or the employer you have been placed with or you can re-register with the agency when you want to return to work."

They may suspect you are pregnant as you have asked for the policy.

It may be worthwhile telling them as you have more legal protection

I'm wondering what others views on this are?

Hi, I understand this I just wanted to know if the agency can sack me before I go onto maternity leave

I think you should ring ACAS. You need to work out whether you are an “employee” or a “worker”. From what you’ve said, I suspect you’d be considered an employee. There’s more information on that in the link above. It is important because it makes a big difference to what you are entitled to.

But overall, it would be illegal to sack you because you are pregnant. That doesn’t necessarily stop them trying.

That would be the case if she was an agency "worker" but if she's an agency employee I'm not sure it is. OP needs to find out whether her status is worker or employee as they both have different rights.

they can't sack you before you go off unless the contract need comes to an end in which case your contract would be ending for business reason rather than you being pregnant.

yes you need to understand your status with the agency are you permanent employed by them ( I would doubt this) or are you contracted for services

If you know all of the above they surely this is a very basic knowledge.

If they know you are pregnant it is very difficult to sack someone.

If they don't know you are pregnant they can "sack" you whatever that means.

If they suspect you are pregnant - because you asked for the policy- then they can sack you and have be beyond reproach.

You have employees rights.

You may still be a worker or an agency employee. You need to find out