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Original poster

FTC ends while on maternity leave

23 replies

Thompl16 · 07/01/2020 18:53

Hello,
I'm wondering if anyone has any advice on my situation and if this sounds above board?
Basically, I am on a fixed term contract (have been for 20months now) and it is due to expire while I am on maternity leave. I'm close to my leaving date and heavily pregnant now and my line manager has advised that they are advertising my job role as a permanent contract and I am welcome to apply for it. The job advert isn't even live yet and I'm due to leave soon. Is this fair? It feels unfair but my line manager is advising that the process has been put in place to make it fair. I'm really struggling as it's the end of a stressful pregnancy and not sure how I would perform in an interview situation right now.

OP posts:
cabbageking · 07/01/2020 19:21

What do you think would be more fair?

Original poster
Thompl16 · 07/01/2020 19:27

I don't know but I suppose it would have felt more fair that the recruitment process had kicked off early enough for me to be in with a shout.

OP posts:
cabbageking · 07/01/2020 19:35

They don't need to arrange it around your pregnancy but why not ask the manager when it is likely to be and that you wish to apply.

Misty999 · 07/01/2020 19:41

Yes make sure you apply for the role, if your good at your job then you have a good chance of getting the role.

Lotsalotsagiggles · 07/01/2020 19:56

Yep for it's perm and they give it you you they will either they a temp in to cover your mat leave or offer a mat leave cover secondment or something

Definitely apply for it!

leghairdontcare · 08/01/2020 13:44

I would seek some advice now about the process they need to follow. If you don't get the job you will then, presumably, be made redundant while on maternity leave.

Original poster
Thompl16 · 08/01/2020 16:16

Thanks for your replies, I suppose I am assuming that I won't be successful which then raises the redundancy question. It's just the last thing you want to be thinking about at this stage.

OP posts:
misspiggy19 · 09/01/2020 15:47

I fail to see how they are being unfair. They can’t schedule it around your pregnancy.

Original poster
Thompl16 · 09/01/2020 18:16

Just to be clear, I don't expect the job to be scheduled around my pregnancy.
I am just thinking that if I am in a redundancy situation then would they have to find a suitable role for me when there is clearly one available.

Guidance from acas is that it would be best practice to offer the role to save me going through redundancy but not a legal requirement as I haven't hit 2 years service yet.

OP posts:
SleepingInYourFlowerbed · 09/01/2020 19:01

Will you hit 2 years' service before the end date of your contract?

Xxxwhattodonextxxx · 09/01/2020 19:37

If it is a fixed term contract why would they consider making you redundant?

MadeForThis · 09/01/2020 20:27

Surely of your fixed term contract is over then it's just over. No redundancy situation. It's their choice if they extend or make the role permanent. Just apply and see what happens.

Lotsalotsagiggles · 09/01/2020 21:36

You need to show confidence that you want to keep the role and apply for it

The Pregnancy thing will only be a barrier if you make it. Don't let them discriminate, apply. Show willing for tv e role when you return and they then need to just cover it for your mat leave

Take the confidence even if you don't feel it!

Lotsalotsagiggles · 09/01/2020 21:37

Sorry what I meant was you being u sure and automatically assuming you won't get it won't reassure them v much that you want it and right form tv role, hence fake it so they don't see your anxiety around it

NeedAnExpert · 09/01/2020 21:39

Surely of your fixed term contract is over then it's just over. No redundancy situation. It's their choice if they extend or make the role permanent. Just apply and see what happens.

Wrong.

Original poster
Thompl16 · 11/01/2020 12:25

I won't have passed the 2 year mark before my contract expiry date- just 1 month off unfortunately!

The contract I'm on is a fixed term but the role is continuing on the same ongoing project so it probably wasn't recruited on the correct type of contract when I started. This recruitment round would rectify that.

OP posts:
Scarsthelot · 11/01/2020 12:28

Apply for the role. If you get it they will put some in place for your mat leave.

Being heavily pregnant, shouldn't influence wether you get the job. That would be unfair. But they can definitly advertise a role.

I got promoted 2 weeks off my mat leave starting. Thats what they did, I went into role when I returned.

Littlegoth · 11/01/2020 12:42

Just to clarify:
You have a 23 month fixed term contract. This ends while you are on maternity leave. They are not extending your contract, but are advertising your role as a permanent opportunity and you are welcome to apply.

Forgive me if I’m wrong, but if you had not been pregnant then would your contract have been extended, or made temp to perm? Personally, from an HR professional perspective, I might be seeking quiet legal advice.

Littlegoth · 11/01/2020 12:45

I’d apply for the job too as pp states, but yes this feels shady to me. Good luck

hazelnutlatte · 11/01/2020 14:12

If you hadn't been pregnant would you have been given the permanent role without applying for it?
I was made redundant at the end of a ftc when I was on maternity leave. The nature of my work (clinical research) was that practically everyone is on fixed term contracts but when they come to an end there is almost always another project to move on to.
In my case I had been there for more than 2 years so I should have been given an alternative role if one was available. The alternative role available at the time was a 1 year fixed term contract, they didn't want to offer it to me as I would be on maternity leave for 10 months of it.
I told them that it wasn't legal to deny me the job due to being on mat leave but they didn't budge until I contacted a solicitor. In the end they offered me a settlement agreement which I was happy with. They did also eventually offer me the alternative role but there was too much bad feeling by that time so I didn't want go go back.
I think the difficulty for you OP is that you have been there less than 2 years, and they could argue that they were always going to advertise the perm position and allow others to apply for it. I think you should apply for the permanent position and then if you don't get it ask a solicitor for advice - you may find they are quick to offer a settlement agreement.

Littlegoth · 11/01/2020 19:11

@hazelnutlatte I agree

newbingepisodes · 11/01/2020 19:19

When this happened to me my employer gave me a job while I was off without applying or interview but then I had been there 7 years.

LisaSimpsonsbff · 11/01/2020 20:33

I also agree that I don't think this is ok. The end of a fixed-term contract is still a redundancy - it's just a planned and foreseeable one. You're redundant because the job no longer exists, just like any other redundancy - and it's jobs, not people who are made redundant. If they're advertising the exact same job but permanent then the job still exists and you haven't been made redundant so they're on very, very dodgy ground.

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