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Mat pay and fixed contracts

2 replies

JumpJockey · 12/08/2010 16:10

A friend is currently expecting her first baby and planning to start ML in September. She works in two different posts within the same institution, both part time. One is a fixed term contract due to end at the end of December, the other ends in Feb but is expected to be renewed (it?s a rolling contract sort of thing). Her husband is waiting to hear about posts in the US (he?s an academic) and it may be that they will move to the States in the spring.

She?s been advised that she can get mat pay from both her posts, and we get 90% for 13 weeks. They?ve also said that if they offer to extend her renewing contract and she says no (because they?re moving to the US) she will have to pay back any mat pay over the statutory minimum. Is this right? Given that the contract is due to end in Feb, can they force her to accept an extension or have to pay back the mat money? Effectively, they?re saying that she wouldn?t get any mat pay over the statutory minimum, because she?s on a fixed contract. Is that fair? They effectively have to offer her a renewal of contract, since she would otherwise be discriminated against, but she may want her contract to come to an end if they're emigrating.

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seeyoukay · 12/08/2010 18:53

Yes, if she doesn't come off mat leave back to her employer they can ask for anything over stat mat leave back. It'll be written in her contract or told to her (sounds like it already has).

They can't force her to accept an extension but they can force her to repay the extra mat leave. However if she is in the US and feels like chancing it and burning bridges I'd say the chances of them chasing her all the way there are slim.

Work don't have to offer her anything over the stat mat pay. It may be that all fixed contract employees are on SMP only. That is ok, as long as its the same for all fixed contract employees.

They don't have to offer her a renewal at all. Its a fixed term contract - after the end date the company don't have any liability to you (other than SMP).

However having said that if she got paid enhanced SMP and then was not renewed she'd have a good claim on keeping that money as she could claim she always wanted to go back. But they don't have to offer her a new contract.

JumpJockey · 13/08/2010 10:17

Thanks for your reply seeyou - I doubt she'd take the money and run! It's a weird kind of contract in that she's been renewed several times already, the first one is definitely fixed because the money stops in December but the other one is sort of ongoing. Don't really understand the details myself! What she'd really like is for them not to offer her renewal, and be able to keep the extra pay, so fingers crossed that's what happens!

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