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Original poster

Job advertised 12 month contract, offered 6 - and I'm pregnant

28 replies

Morrighanan · 03/02/2021 14:19

Hi,

Appreciate some help as I'm mildly flipping out right now.
I am 7 weeks pregnant and recently was offered a job starting in a few weeks. On the job advert and during the interview this was advertised as 12 month contract. I think - fine, as I will just get maternity allowance and be entitled to maternity leave when baby is due in September.
I've just received my job contract and they have changed it to 6 months. I asked them to change it to 12 months as discussed and was told that they 'offer 6 month contracts as standard and renew after 6 months'.
Problem here now is that I will have to inform them of my pregnancy before my first contract ends, and if they terminate my contract at 6 months I will literally by 2 days miss the cut off to be entitled to maternity allowance.

I have turned down other jobs and interviews for this job and I feel totally shafted and now extremely stressed given that I'm relocating and will only be able to prove 6 months income, not to mention having no income after baby comes.

Could someone help me out here with what to do and what my rights are if I take this job?
Thanks

OP posts:
Moondust001 · 03/02/2021 14:34

I'm really sorry, but you feel shafted? What about taking what you know is 12 months job in advance in order to force an employer to give you maternity pay and maternity leave. I suspect that if they knew that they'd also feel shafted. I have a lot of sympathy for people when their employers are less than supportive of maternity rights, but what you describe here is exactly why some employers are so leary of employing women of a certain age. It's not right that they should, but it's often a case of once burned, twice shy.

dontdisturbmenow · 03/02/2021 15:06

Ultimately they probably offer 6 months contracts for exact that reason.

It's crap for you but it doesn't make it wrong. If they'd offered you a 12 months contract, they'd have been shafted, even more do if you are replacing someone on maternity leave.

As it is, it's you who might be so but you never know what the future will bring.

stealthbanana · 03/02/2021 15:09

Honestly I wouldn’t worry. If it is really 2 days what you do when you disclose the pregnancy is to ask them to keep you on for an additional two days so you can get MA. This costs them nothing and provided you are a good worker and have been valuable to them I cannot see any reason why an employer wouldn’t do this.

Ignore everyone tut tutting about taking a 12mo contract, you need to work and a job’s a job.

Congrats on the pregnancy!

flowery · 03/02/2021 15:42

I don't think you need to feel 'shafted' - presumably there is no suggestion that they know you are pregnant therefore are offering a shorter contract for that reason?

Did you resign another job on the basis it would be 12 months? Is that why you feel 'shafted'?

They obviously won't be responsible for paying your maternity allowance, so ignore anyone suggesting you're trying to 'force' them to give you maternity pay. They won't have to do anything of the sort.

It's not reasonable for anyone to expect pregnant women to not work, not look for jobs just because their pregnancy will be an inconvenience to their employer, so ignore that.

If they don't renew your contract at 6 months because you've told them you are pregnant, that will be unlawful discrimination. Hopefully they aren't that stupid.

Ultimately, nothing you can do, just accept the job, work hard, be really good, tell them you are pregnant at the appropriate time, and that's that.

Original poster
Morrighanan · 03/02/2021 15:50

@stealthbanana

Honestly I wouldn’t worry. If it is really 2 days what you do when you disclose the pregnancy is to ask them to keep you on for an additional two days so you can get MA. This costs them nothing and provided you are a good worker and have been valuable to them I cannot see any reason why an employer wouldn’t do this.

Ignore everyone tut tutting about taking a 12mo contract, you need to work and a job’s a job.

Congrats on the pregnancy!

Thanks for this, this is a helpful suggestion!
OP posts:
Original poster
Morrighanan · 03/02/2021 15:55

@flowery

I don't think you need to feel 'shafted' - presumably there is no suggestion that they know you are pregnant therefore are offering a shorter contract for that reason?

Did you resign another job on the basis it would be 12 months? Is that why you feel 'shafted'?

They obviously won't be responsible for paying your maternity allowance, so ignore anyone suggesting you're trying to 'force' them to give you maternity pay. They won't have to do anything of the sort.

It's not reasonable for anyone to expect pregnant women to not work, not look for jobs just because their pregnancy will be an inconvenience to their employer, so ignore that.

If they don't renew your contract at 6 months because you've told them you are pregnant, that will be unlawful discrimination. Hopefully they aren't that stupid.

Ultimately, nothing you can do, just accept the job, work hard, be really good, tell them you are pregnant at the appropriate time, and that's that.

I don't feel shafted because I feel discriminated against for being pregnant or female of childbearing age (despite other posters seeming to suggest that this is perfectly fine to do), I feel shafted because I have turned down other job offers believing that this was a 12 month contract which I'm now told is just 6 months. If I wasn't pregnant I would feel this way too.

Kind of incredible that on the mumsnet forum people are judging me for trying to find a job, I came here because I stupidly thought I would get helpful advice and not judgement. Thank you for your genuinely helpful comment, your suggestion is entirely sensible and is what I am going to do.

OP posts:
flowery · 03/02/2021 16:38

"I don't feel shafted because I feel discriminated against for being pregnant or female of childbearing age (despite other posters seeming to suggest that this is perfectly fine to do), I feel shafted because I have turned down other job offers believing that this was a 12 month contract which I'm now told is just 6 months. If I wasn't pregnant I would feel this way too."

That sound fair enough to be a bit peeved about that. Hopefully as I say they won't be stupid enough to discriminate when it comes to renewal so you won't lose out.

"Kind of incredible that on the mumsnet forum people are judging me for trying to find a job, I came here because I stupidly thought I would get helpful advice and not judgement. "

I agree with you entirely, however unfortunately this happens frequently on here - pregnant women are often told they are being 'unfair' going for job interviews or applying for promotions. I don't really know why that is, but it is common.

HereWeGoAgain33 · 03/02/2021 18:11

Every job I've had has involved an initial 3 month or 6 month contract, before this is replaced with a permanent contract following successful probation. It's pretty standard, and even though yours is only a 12 month job, I think the same policy would still apply?

IndecentFeminist · 03/02/2021 19:57

Start a few days later?

DicklessWonder · 03/02/2021 20:02

@Moondust001

I'm really sorry, but you feel shafted? What about taking what you know is 12 months job in advance in order to force an employer to give you maternity pay and maternity leave. I suspect that if they knew that they'd also feel shafted. I have a lot of sympathy for people when their employers are less than supportive of maternity rights, but what you describe here is exactly why some employers are so leary of employing women of a certain age. It's not right that they should, but it's often a case of once burned, twice shy.
The employer won’t be paying maternity pay.
mootymoo · 03/02/2021 20:44

To be honest, as an employer I'm the one who would feel shafted if the person I took on for a fixed contract announced they were pregnant and needed to leave before the contract ended. You take people on for a reason, to do a specific job normally when it comes to fixed contracts and can be very hard to find someone and train them for the remaining 2 months!

I'm all for maternity leave but as women we need to be in an established job (2-3 years) before expecting employers to be flexible in my opinion

MrsWhistledown · 03/02/2021 20:48

Can you start the job 2 or 3 days later than originally planned? Maybe make up some excuse about not being able to have your start date on the arranged date and needing to push it back slightly?

Jobsharenightmare · 03/02/2021 20:55

Post this in legal OP or call ACAS. When I offered someone a job recently I wanted to reduce the term and HR told me I couldn't because the advert was for a 12 month contract and that was what the person interviewed for.

flowery · 03/02/2021 21:00

@Jobsharenightmare

Post this in legal OP or call ACAS. When I offered someone a job recently I wanted to reduce the term and HR told me I couldn't because the advert was for a 12 month contract and that was what the person interviewed for.
If you wanted to offer a pregnant woman a shorter contract because of her pregnancy HR were right to prevent you - that would have been blatant unlawful discrimination.
PurpleGoose · 03/02/2021 21:03

What exactly was said when you were offered the job and then accepted? I ask as my understanding is that this forms a binding verbal contract. Now there could be 'wiggle room' if they then changed to 6 months after only 24-48hrs, but if you can show that it was a long enough gap that you had made significant decisions based on the offer of a 12 month contract e.g turning down other interviews for 12 month contracts, arranging to relocate etc... Then I'd say you'd have a case for breaking of contract. Even better if you've got either an offer of 12 months in writing or your acceptance of this (not necessarily that wording, but if the offer refers to as advertised... And the post was advertised as 12 months. If it was me I'd be seeking advice from ACAS (or your union if you're a member)

burritofan · 03/02/2021 21:14

I'm all for maternity leave but as women we need to be in an established job (2-3 years) before expecting employers to be flexible in my opinion
People on here love the feeling of a boot on their neck, don’t they? As women we can get knocked up any time we want.

Jobsharenightmare · 03/02/2021 21:24

It was nothing to do with discrimination law it was because there was an issue with the funding for the post getting pulled elsewhere. I wasn't allowed to do it. So I'm suggesting there could be employment law ramifications so the OP might want to call ACAS to check this is legal.

Original poster
Morrighanan · 03/02/2021 21:41

@PurpleGoose

What exactly was said when you were offered the job and then accepted? I ask as my understanding is that this forms a binding verbal contract. Now there could be 'wiggle room' if they then changed to 6 months after only 24-48hrs, but if you can show that it was a long enough gap that you had made significant decisions based on the offer of a 12 month contract e.g turning down other interviews for 12 month contracts, arranging to relocate etc... Then I'd say you'd have a case for breaking of contract. Even better if you've got either an offer of 12 months in writing or your acceptance of this (not necessarily that wording, but if the offer refers to as advertised... And the post was advertised as 12 months. If it was me I'd be seeking advice from ACAS (or your union if you're a member)
The job advert says 12 month contract (still live and can verify for myself) and during the interview when discussing pay etc this was the same. It’s been 2 weeks since I was offered the job (having to chase them up several times trying to get a contract) and have just been surprised with the contract stating six months. I queried it and they have replied saying that this is their standard process to offer 6 months and then renew.
OP posts:
Original poster
Morrighanan · 03/02/2021 22:12

@burritofan

I'm all for maternity leave but as women we need to be in an established job (2-3 years) before expecting employers to be flexible in my opinion People on here love the feeling of a boot on their neck, don’t they? As women we can get knocked up any time we want.
Right? I’m already regretting posting here. Very useful to be told how awful I am over and over for the terrible crime of wanting a job that was advertised to me and an income for my child. Cannot believe the pettiness and aggression from people who could just simply scroll.
OP posts:
Original poster
Morrighanan · 03/02/2021 22:37

@MrsWhistledown

Can you start the job 2 or 3 days later than originally planned? Maybe make up some excuse about not being able to have your start date on the arranged date and needing to push it back slightly?
Unfortunately this wouldn’t help as it’s the 26 week requirement to get Maternity Allowance (NOT SMP) that is the problem. I’m contracted to work for them for 25 weeks and 5 days. I am struggling to figure out whether this 5 days counts as the 26th week or whether I’m SOL by 2 days and will have to hope my employer does me a favour by keeping me on the books for those 2 days.
OP posts:
flowery · 03/02/2021 23:03

Have you not been working up until now OP? To get maternity allowance you have to work at least 26 weeks in the 66 weeks before your baby is due.

Mousehole10 · 03/02/2021 23:03

I don’t really understand, you wouldn’t have been able to work for them for the 12 month contract anyway if you’re due in September so surely 6 months is a good thing? I like the suggestion of asking for an extra two days after the 6 months. Accept the job and then try that.

Tyranttoddler · 03/02/2021 23:14

@mootymoo

To be honest, as an employer I'm the one who would feel shafted if the person I took on for a fixed contract announced they were pregnant and needed to leave before the contract ended. You take people on for a reason, to do a specific job normally when it comes to fixed contracts and can be very hard to find someone and train them for the remaining 2 months!

I'm all for maternity leave but as women we need to be in an established job (2-3 years) before expecting employers to be flexible in my opinion

Fortunately the law says otherwise.
Original poster
Morrighanan · 03/02/2021 23:56

No, I’ve been a full time student on a stipend.

OP posts:
PurpleGoose · 04/02/2021 08:14

I would contact ACAS for advice about breach of verbal contract.