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temporary contract and pregnancy ?

5 replies

Castanet · 28/06/2007 21:17

Hi!
Started a new job 2 months ago and wasn't aware at that time that I was pregnant. Have a 3 month trial period in my contract with high possibility of being made permanent. But what are my chances of actually getting the permanent contract now as I'm already starting to show a nice bump. The boss doesn't know yet but I'm afraid that there's no way I can hide the bump for another month. Any advice please!

OP posts:
RibenaBerry · 28/06/2007 21:29

If he refuses to give you the permanent contract because you are pregnant, it's sex discrimination (and it's hard for him to come up with a fake reason because the law, effectively, says that he has to disprove discrimination, not you prove it).

More practically, and if there's no way to hide your pregnancy until after you are confirmed, I would start lots of conversations now about how you're doing and hoping to make it permanent. If he is happy and positive now, that will make it much harder for him to change his mind once he knows!

Are you sure that you will want to go back afterwards? Being a bit sympathetic to the employer, if you don't want to go back, it's a bit mean to mislead him that you will when you've not been there long, so I'd try and cut a deal to stay until you go off.

Castanet · 29/06/2007 07:02

Thanks, RibenaBerry! I do like the company a lot and would like to go back after my maternity leave, no issues there. At the moments it's difficult to talk to the boss as he is away 4 days a week and when in the office, way too busy for a chat. Any advice as to how to break the news and still ask for the permanent contract? Or am I being totally naive' here?

OP posts:
ruth2007 · 29/06/2007 12:06

Hi Castanet
Being on a trial period does not mean you are not employed unless it is stated that it is a fixed term contract or you are an agency temp hoping for a perm job.

I would let them know asap that you are pg, you have rights for H&S risk assessment and paid time off for appointments etc and you can't have this until they know.

As I am still on Maternity I have been slack in updating myself on the new regs but I believe from the brief detail you have given that you will still be entitled to return to work at the end of your leave. Perhaps it is worth checking the dti or acas websites, they have some great info which should reassure you.

I know it is scary!!! Go for it and you will feel so releaved (less stress for you and your bump!)

Good Luck.

RibenaBerry · 29/06/2007 12:43

Damn, just typed a long reply and lost it!

I agree with Ruth, but I read it as being a three month probationary period, with a chance that Castanet would be told at the end of the probationary period that she wasn't up to scratch and therefore wasn't being kept on. The same thing would apply if it was a fixed term (although the legal analysis of the situation is a bit different- it is a failure to employ rather than a dismissal - the practical tips are the same).

If I were you, I would try and force the manager to have a conversation about how your trial period is going. Be enthusiastic and positive. Then, after he has said positive things about keeping you on (which I assume he will) tell him your good news. As a practical point, I would tell him that you didn't know when you took the job (you don't legally have to, but I would) and you might also want to tell a little porky that it was a surprise even if it wasn't (bosses sometimes feel annoyed when women join and then go straight off on maternity leave. The 'ooh it was an accident' line can help it smooth over at a purely emotional level!).

I would not tell him your news until AFTER he has said positive things about your performance during the trial period. That will make it more difficult for him to backtrack (if he's thinking of that. Sorry, I'm a dreadful cynic).

Some employers will, I am sorry to say, still suddenly decide that you have not passed your probationary period/ your position is not being made permanent. You then need to decide whether you take legal action. Making sure that he has said positive things about keeping you on before he knows about your pregnancy supports you if you do need and want to go down that road.

Good luck. I hope that he's one of the many good bosses out there who (whilst possibly a little peeved that he's losing a good new person so soon, which I can sympathise with) is genuinely happy for you and glad to have you back after your maternity leave.

BetsyBoop · 29/06/2007 13:04

Ditto what's already been said.

Perhaps you can start the conversation along the lines of how much you're enjoying working there & you'd like to know how you are getting on & will you be offered a contract, as if not you need to know so you can start brushing up your CV & looking for another job (maybe not quite so bluntly, but you KWIM - I don't think it's unreasonable to ask this now you are 2/3 they way through the trial period, you don't want to find out on the last day of your 3 months that you are going to be unemployed the following day do you?)

As Ribena said, if your boss is very positive then, it will be very hard for him to back track later. - I also agree with the "I didn't know when I started here, it was an accident" approach, saves any unnecessary ill feeling & it's only a little white lie (assuming it's not true) - most employers would be miffed if they thought someone had started a new job knowing they were pregnant or were likley to be in the very near future, we might not like it, but it's true....

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