FTC not being extended ?

[dollyannebetsy]

I've been with my company coming up to 3 years

I'm on a FTC - all the staff are but as we are a charity it depends on funding

We are busy, recruiting and funding isn't an issue BUT my manager has said they don't think they will be renewing my contact because at the moment I am on parental leave for my daughter's unexpected health condition

They let me take leave for week 1 but week 2 they said it's unpaid parental leave and if it goes over 1 month ( it may ) then they will have to consider not renewing my contract in July this year

They don't have a HR, relatively new charity ( 4th year) and I am just left feeling confused what with everything going on

Can anyone shed any light please ?

Could this not be unfair dismissal or something - I think they said something about a max of 18-19 days parental leave which takes me over the month

Thanks for reading

I am surprised by 18-19 days parental leave. Check your contract this is very generous !

The first questions would be:
(a) can you prove that the manager said that the reason they wouldn't renew your contract was because you took parental leave?
(b) How much leave (other than holiday) have you taken / do you expect to need to take?
(c) This can't be parental leave becasue you haven't given 21 days notice (and they can refuse to agree the dates as well) so it must just be unpaid leave?

I would contact ACCAS as it seems the only reason they are considering not renewing your contract is due to you taking some unpaid leave.

Unpaid - how is that generous?

They definitely said parental leave
I've taken one weeks holiday and one weeks parental leave
It's in a what's app

You have the right to complain to the Employment Tribunal if: you are subjected to a 'detriment' because you have taken, or sought to take, time off for dependants, or. your employer unreasonably refuses to allow you to take time off for dependants

So it's time off for dependants not parental leave so I feel a bit better now I've seen this

They are absolutely correct and well within their rights to say if it goes over 1 month then they would not extend. Parental leave must be taken in blocks of weeks and must not exceed 4 weeks per year per child- this is all correct- so what they are saying is that if you exceed 4 weeks they may be unable to keep you on. They’re within their rights to say that.

ending a ftc- even at the stated end date- constitutes a dismissal in law and as such requires a fair process to be followed and a potentially fair reason for the dismissal (eg capability, conduct, redundancy, statutory restriction or some other substantial reason). If the reason for the non renewal of the contract is taking parental leave (a statutory right) they might be on sticky ground.

www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract

If they spin it as a redundancy situation then with over 2 year's service you'd be due a redundancy payment

If there are any permanent staff, take a look at the fixed term workers regs as well - requirement to provide ts&cs / treatment that is no less favourable to the ftc worker than a comparable continuing employee.

Ignore my previous about statutory parental leave as you have confirmed you didn't have this.

So what @Mrsttcno1 is saying can be constituted as fair ? This is what I can't get my head around

Every one is on FTC

So I think I'm ok, my performance is good, it's just they are miffed because I've been off as my child is sick which I just find hard to swallow
I have no choice, she's is in hospital

If it’s more than 4 weeks then they can let you go.

This guidance is completely legal and ACAS will confirm that for you. It’s really simple guidance, you must take parental leave in blocks of weeks and a MAXIMUM of 4 weeks a year for each child.

@Mrsttcno1 did you see my previous posts? It's NOT parental leave

@Mrsttcno1

Get legal advice or speak to ACAS, because they will confirm that yes, it absolutely is going to be classed as parental leave.

Parents have the right to unpaid time off work when they need to look after their children- which is what you are doing. This is called “ordinary parental leave” or “unpaid parental leave”.

One of the specific ACAS defined examples of this is to care of children when they are sick- which you are.

Your leave fits the exact definition and so it IS parental leave.

The only circumstances in which it would not be parental leave is if there is something emergent or unexpected which requires you to take less than a week off to look after a child so for example if they are sick at school and then have to be looked after at home for 2 days.

Your employer is correct that your time off is parental leave because that’s what it is, it’s time off, weeks long, to look after your child. That does mean that you are only able to take a maximum of 4 weeks. Hence their advice that if it lasts beyond that they can’t guarantee employment.

Even if you try to claim it is “time off for dependants”, you’re going to be on much more shaky ground because the ACAS guidance on that is simply that an employer should be “as flexible as they can be”, they can always make a business case for any decision and a small charity, with few employees, is going to find it very easy to argue that as a business they can only provide 4 weeks of flexibility and then they need to find somebody who can do the job to be able to continue operating as a business.

Sorry but this is incorrect. Parental leave of up to 18 weeks in total up to the age of 18 years is 4 weeks maximum per year per child; you have to give at least 21 days notice to the employer; and they can refuse the dates requested and postpone the leave for up to six months. So the circumstances described do not fit the criteria.

Unpaid dependants leave is only to allow a parent to arrange care for their child - not to take care of them themselves.

If the employer chooses to allow better conditions than the law does (and that may or may not be the case) they could choose to waive the notice period for unpaid parental leave, but they do not have to waive the 4 weeks per year - if the employee does not return to work they can dismiss legally.

Equally, the manager may not be conversant with the law, and have not realised that unpaid parental leave can only be given after due notice is given. If they did make such an error then the employer would be within their rights to recall the OP to work before the 4 weeks is up.