Temporary Contract but Long Service and Maternity Pay

[glammarjoram]

Hi, Just wondered if someone could advise me on employment rights. I have been working for the council for 9 years solid but am currently in a temporary post where funding is applied for every 6 months. My post has just been renewed till March 2008 but my baby is due March 9th. I have been told that if the funding stops at any time and it could be March or any time during my maternity leave then so will my maternity pay. However, I know they have to treat me as permanent and put me under the Redeployment and Redundancy policy. I'm just a bit concerned that I'm going to be left high and dry with no money and a 7 year old and a new baby and all my household outgoings. I'm not going to allow myself to get stressed but I'm feeling a little annoyed right now. Does anyone have any advice for me? Thanks a lot.

Can't help too much but I was working as a temp when I fell pregnant this time last year. It was a temporary contract with no set end date. I had to be still working in the 15th week before my due date to qualify for full maternity pay, but if the contract ended at any point after that date I was still entitled to the full 9 months leave paid by my agency. I had to take legal advice to find this out as the agency were trying to avoid it!

if you service is continual and absolutley no breaks - then it will count towards entitlements such as redundancy etc. It's usually called teh Local Government Start date- check your contracts.

After 4 years ( I think ) you are considerd permanet for employmetn law purposes no matter what the fundign situation is.

Have you spoken to your HR departemtn - or is taht where all this stuff has come from ( they are misguided if it is!)

Good luck - the law is on your side.

So I would think that so long as the contract doesn't end before the 25th week of your pregnancy (end of november?) then they will have to pay you 9mths maternity leave whether it finishes while you are off or not.

Thanks for all that. Yes, this had come from my HR department. My contract will run till at least the end of March by which time I will have hopefully had my baby. I have had absolutely no breaks and even had my daughter whilst on a temp contract 2 years in to my first role with the council. I even get an extra 35 hours annual leave every year due to being there at least 5 years. I didn't realise they would have to pay me the 9 months, they just said if the funding stopped so would my maternity pay. I'm waiting for my union rep to contact me and I'm trying to get in contact with my friend who is a barrister.

hi glammarjoram
You are to all intents and purposes permanent, as you know.
They can make you redundant during your maternity leave, as long as there is no siutable post available anywhere in the organisation. If there is a suitable post, they have to offer it to you in preference to anyone else also being made redundant - you get priority.
But as long as there is genuine redundancy which has nothing to do with your maternity leave and as long as they follow the correct procedure they can make you redundant.

I can't believe there wouldn't be another suitable post for me in this huge council if they did have to redeploy me. I have asked HR to send me the policy on redundancy. Am I just dreaming that you get a month's wage for every year you worked? In which case, I woould be much better off than on maternity pay. I'm just looking on the bright side although I'm sure life wouldn't be as fair as that, really.

exactly glammarjoram, unlikely they wouldn't be able to redeploy you.
You are dreaming about the month for every year I'm afraid, unless the council is being v generous with our tax money . Assuming you are between 22 and 41, you get 1 week for every year statutory entitlement. Check the policy you get from HR for what your entitlement is though as it may well be more than that.

Gosh, one week for every year is a little poor although of course I recognise that it's public money etc. I guess I'll just have to hope that the funding is applied for and received for my current post throughout my maternity leave. I think if they redeploy you thay have to keep you on the same wage for at least 3 or 6 months. I'm still waiting for the policy. It'll be very strange to be redeployed to a new post which I won't actively be taking up. And which team will want to take on a new member of staff who won't actually be working? !!

they won't have any choice!
An don't panic yet about the rubbish redundancy, that is only the basic minimum allowed by law so you may find the policy you have is a bit more generous anyway.

Thanks for all the reassurance flowery. I'm going to expect it all to turn out ok and who knows, maybe it will!