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Terrified to tell work I'm pregnant, agency

7 replies

CobaltRose · 21/08/2018 20:44

Hi everyone.

I'm currently 11 weeks pregnant with my first baby. We are delighted as I suffered a traumatic miscarriage in April, but I'm terrified of telling my work.

I've only been in my current job since mid May. Luckily I've not been sick and I'm not really showing yet so they don't know nor suspect I'm pregnant.

I'm actually employed by an agency rather than by the actual company I work at, but was assured at my interview that as long as I worked hard and did well I'd be almost guaranteed a permanent contract within a few months, though of course I wasn't pregnant then. It does seem to be true, as most of my permanent colleagues began as agency.

I'm fairly certain that I'm an employee of the agency rather than a worker, as NI and tax is deducted from my pay and I've worked at the same 'assignment' and the same hours consistently since being employed. I'm not 100% sure though.

My main worries are that I won't be offered maternity leave, a permanent contract, and/or there won't be a job for me to return to as I've read that agencies are not obligated to keep a job open for you, nor are agency employees entitled to maternity leave? I don't know if this is actually correct though.

I am entitled to maternity pay as I will have worked there long enough (just Grin) and I earn more than £113 a week.

I enjoy my job and would like to return to it once I've had baby. What are my rights as an agency employee? Any advice would be enormously appreciated Grin

OP posts:
CobaltRose · 21/08/2018 21:19

Sorry typo, I mean I earn more than £116 a week.

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whattimeislove · 21/08/2018 21:32

I believe you have few rights in terms of your agency job I'm afraid - they could just say that you're not suited to the role.

In all honesty, unless your role is a manual/physical job I would keep quiet about the pregnancy for at least a few more weeks until you know if you'll be made permanent or not.

I'm not sure if time spent as agency counts towards total time at the company for maternity leave purposes. But I'm sure someone else will know.

Foodylicious · 21/08/2018 21:36

You don't need to tell them legally until 15 weeks before due date.

I would just hold on another month or two

MarmaladeAtkinsX · 21/08/2018 21:56

With DC1 I was working for an agency. My client interviewed and hired me at 37wks.

When DC1 (and later DC2) was ill, they understood I had to rush home, and had flexibility when I needed.

Congratulations on your pregnancy. things work out, just not always in they way you planned.

CobaltRose · 21/08/2018 22:20

The only problem with waiting until my contract is made permanent is that there's no set time limit for when I'll be made permanent. It may be next week, it may be in six months! Some colleagues weren't made permanent until they'd been there a year. I'll be showing before long (already have a slight bump now but can conceal it).

In other words, I can't guarantee that I'll be made permanent before my pregnancy becomes obvious. Sad

OP posts:
CobaltRose · 21/08/2018 22:38

So, according to this: www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/maternity-and-parental-rights-for-agency-workers/

If I'm considered an employee of the agency I am entitled to the same maternity rights as a permanent employee (can take maternity leave and return to the same job, can't be dismissed or not offered a permanent contract due to pregnancy).

So it looks like it all hinges on wether or not I'm an employee of the agency or not.., I certainly tick all of the boxes given on the webpage for being an employee rather than a worker, but I'll have to ask the agency. Thanks everyone!

OP posts:
CobaltRose · 22/08/2018 12:37

So, I've looked at my contract and it does say 'employee' rather than worker. I'm certainly hoping that's the case as wether or not I'll be able to go on maternity leave and return to the same job depends on my employment status.

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