Ending a maternity cover before the staff member on maternity leave is back

[Spidergirl8]

Just wondered if anyone knew the rules and regs around maternity cover contracts. The maternity cover in place is not working out, they have been making a lot of mistakes, attitude problem and not a team player (I have spoken to them about this when mistakes are made etc). The contract is set to 6 months and then a renew month by month until staff member back from maternity leave.

I'd prefer to end their contracts at the 6 months, is that permitted? Would they need justification or is this just a standard end of contract as per conditions.

Thanks in advance for any advice/help.

Are you the business owner or a line manager in a company?

I'm the line manager in a company. I've raised my concerns with my LM and have been sending emails after I've encountered issues and/or had meetings with the member of staff about work issues to make sure all is on record.

You can end the contract at 6 months.

Do you need permission to do so though?

I would speak with HR before progressing, but I have my LM's full support. Unfortunately I think the staff member is friends with our dept HR rep though, so want to ensure it is a possible solution before contacting HR so that the HR rep doesn't try to persuade me it isn't allowed. I work in an organisation where there is a 'jobs for the boys' mentality and this staff member would be considered 'one of the boys'.

There are no specific rules and regs about maternity cover contracts. I would be extremely surprised if there is no provision in the contract to terminate early or not renew. What does the contract actually say about termination/renewal?

I haven't received a copy of the actual contract, one of the main reasons I would consult with HR before progressing. However I have seen their notification of termination letter which has been issued to them with a 6 month advance notice date.

Sorry, should have added. The termination letter states that the 6 month contract may be renewed should the mat leave staff member not return at that time. I know that it is very unlikely the person will return and may not return at all. I don't want to be stuck with this difficult member of staff permanently, which is a real concern as they are very friendly with the head of dept.

Well the question is then, who makes the decision about whether to renew at the six month mark?

I can certainly make the recommendation and that should be the decision made. However the person was appointed without interview based on heads request. I guess I don't want to have to get into a political debate (scared to and impact that would have) about it.

Well if the decision isn't yours to make then the rules and regs of maternity cover contracts are kind of by the by really aren't they?

Make the recommendation yourself and ask your line manager to make the same recommendation to the head of department. But if the person was appointed directly by the head without an interview and is "very friendly" with him or her, you may be fighting a bit of an uphill battle.

Thanks flowery.

Just give notice as per the contractual notice period if it isn't working out. No need to wait six months unless this is the contractual notice period (v unlikely unless a v senior role)