if flowery bean bag is around i could use some advice..

[BeMyLilBaby]

Hi all

i am posting to ask a question, wonder if any of you could help me and i apologise that this is long

DP and i would like to TTC originally planned for april this year, however in my current role my probation has been extended but not directly after the period should have ended due to my manager leaving in an unprofessional manner having not signed myself and my co-worker off, Having been treated in what i feel is an unfair way ( becvause its not my fault the manager didnt do his job) i am thinking of leaving as i am now on one weeks notice until march, the job is also very pressured and if i am very honest some days i HATE it

HOWEVER

If i do leave it means putting back our TTC plans, If it were simple and i knew my job were safe i would stay here just to get the maternity package, however i dont feel i have any job security and being sacked/made redundant whilst preg is an issue im not sure of..

so if the lady called flowerybeanbag who ive seen give learned advice is out there or anyone else has any answers can you please advise me on:

What help i would get if made redundant/lost job during preg?
How long would i need to be with new job to qualify for mat pay?
and also
If i do get PG whilst still here and they know and sack or whatever me, what am i owed by them and at what point?

Sorry long

Bemylilbaby if you get pregnant and they sack you because of it that's unfair dismissal and sex discrimination. Even if you were rubbish at your job they would be extremely foolish to sack you at this point as it would certainly look like your pregnancy might be the reason.

If you've been there less than a year, which is sounds as though you have, correct me if I'm wrong, your probationary period is a bit irrelevant as they can sack you anyway if they want to. You don't have rights to claim unfair dismissal before then unless there's some kind of discrimination involved. So if you get pregnant your job is probably safer than if you aren't!

With statutory maternity pay, you qualify for it if you meet all the conditions see here. If you have been employed for 26 weeks by the time you are 25 weeks pg, you get SMP, even if you leave your job after that point.

So with a new employer, in practice, you shouldn't start TTC until you've been there a couple of weeks at least to be sure you'd get SMP. A new employer might have what is called 'enhanced' maternity pay, where they choose to pay over and above the statutory amount, and you might have to be there longer to get that, but that's something you would need to check.

I hope that answers all your questions, do come back if not. For what it's worth, if you don't like your job, and it sounds as though you don't really, I would probably start looking for something else. As long as you don't TTC until you've started somewhere new, you'll be ok for maternity pay. If it takes you a while to get pg, better to be in a new job that you prefer than this one. Even if you get pg straight away you'd probably be at work at least another 7 months, which is a long time if you don't like your job.

If you're hoping to TTC in April, you've still got a couple of months, you could be in or almost in a new job by then if you start looking now.

Thank you so much for all of that, thank you for taking the time. i think that answers my questions for now, but will be sure to pop bakc. thanks so much for replying so quickly too x

Just to add a wee something on probationary periods... I had some advice from our company employment lawyer lately about probation periods and notice periods... Our company has 1 week notice period during probation but 4 weeks after probation. When someone was dismissed during an extended probation period we were strongly advised to pay the four weeks notice as the one weeks notice period wouldn't really stand up in a tribunal past the original probation period.

Dont know if you have any guidance/different take on this flowery, but I though you might find this useful bemylilbaby. (If you do decide to leave, no need to point it out to your employers though ).

that's interesting dramaqueen. I've always made sure it's clear in handbooks/contracts etc that increasing of notice period comes with passing probation, and would also make it clear in a letter extending probation that notice remains at one week.

What was your lawyer thinking this person could claim in a tribunal anyway? I am assuming this was within one year of them starting, so no unfair dismissal unless there's been discrimination. What would the tribunal have been for where this person would want 4 weeks' notice paid?

Without going into too much detail - potential discrimination case within the first year for someone who was in an extended probation period. Just for the record - down to managers disregarding HR advice . We're a good HR dept!

We're the same re contracts and any letter extending probation periods but our emp lawyer still suggested we could get hit with the whole notice period. Possibly being over cautious because the whole situation hadn't been handled properly - we have v good relationship with our emp lawyer though and would trust the advice given. I wasn't involved directly so not 100% on the reasons but I guess its something to bear in mind/check out again if it ever comes up again.

Something to bear in mind definitely, v interesting, may be do to with being over cautious which I would certainly agree with in those circumstances!

Actually, no, it makes perfect sense doesn't it? If there is a possibility that the person might be able to argue that it was discrimination to extend the probationary period in the first place, then it would be absolutely right to pay the increased notice.

I'll check in with my colleague who dealt with it to see if I can get more info.

Does sound like good advice if any possibility of discrimination. And definitely worth 3 extra weeks' pay just in case!

Oh absolutely. Tbh we would have given the full notice in the first place. Manager trying to save money!