A tricky one - changed status at work mid pregnancy so what am I entitled to - can anyone help?

[Mirry71]

Hello I wonder if anyone can give me advice.
I have worked continuously for my employer since April but I was paid as a casual. Then in September they changed my status to staff.
The question is: what am I entitled to as regards maternity pay and leave? On paper my new contract comes in at under 13 weeks staff employment which means I am not entitled to a year off, only 9 months and only maternity allowance
However I paid tax and NI as a casual and came in every week, apart from holiday (which I was paid for)
I am guessing it is bad news and it is Maternity Allowance all the way, but has anyone been in a similar situation and could advise - or tell me who would be best to speak to? Due date is end of Feb.

Not sure if it would be the same but... I worked as a supply teacher, employed by the local authority, then got a contract alos with the LA. I was entitled to full benefits because I'd worked continuously for the LA. Hope it's the same for you but I know council rules are often a bit different

Firstly everyone gets a year off no matter how long their service.

Whether you get SMP or Maternity Allowance is less clear. Were you employed by an agency during your time as 'casual', or employed by the employer directly?

If you were an agency worker, then you don't have continuous service, but if you were employed by the company directly, it doesn't matter that during your employment they changed your contract and how you were paid, you were employed continuously so will be entitled to SMP.

Flowery you are a font of all knowledge....!

Here's the deal: I was employed directly by my employer. For most of the time (ironically enough) I had been brought in to do someone's maternity cover, but they decided to classify me as a casual to do so - which was a bit of weird thing to do. Then I did holiday cover for a month before being given a staff contract.

They said to me as a casual I didnt have to come in if I didn't want to....so therefore I wasn't entitled to company or SMP pay or more than 39 weeks ordinary maternity leave. The only thing I am entitled to is my job back because I am now staff.

Does that alter anything?

No. If you are an employee, you are an employee, it doesn't matter if they call it 'casual'.

Every employee is entitled to 52 weeks maternity leave, regardless of length of service. Here about maternity leave.

Here about SMP, you must have been employed continuously for the same employer for 26 weeks leading into 15th week before your due date. Whether it is called 'casual' makes no difference.

Well I am meeting my union rep and then going to submit a case to HR and see what they say - fingers crossed....will let you know how I get on. Is just difficult - cannot afford to annoy company in current economic climate...

Mirry do let us know how you get on. And please please don't be afraid of annoying your employer. Particularly now you are pregnant you are actually in a very strong position. It would be a very brave and foolhardy employer who attempts to get rid of a pregnant woman who is claiming maternity rights. So really at the moment in terms of your job security, it's pretty good.

agree with what flowery said on statutory m/l & SMP (as ever {waves hello to Flowery}) but the fly in the ointment might be your entitlement to any company maternity pay.

I know with my (now ex!) company that casual service didn't count towards the "must have worked for company for 1 year at start of maternity leave to get company maternity pay" rule

I don't think they can discriminate between permanent and 'casual' employees now - something to do with changes in legislation?

Well, update so far..I have been taking advice from ACAS and the CAB who all think I have a case. but spoke to my union rep who was nice but said that there had been several cases (not mat related) where the company hd steadfastly maintained casuals were not employees and looked a bit glum; gave me a number for legal advice.
In the meantime got home tonight to find a stock form from work saying that I had no right to SMP (never mind CMP) because hadn't worked long enough and referring me on to DSS.
Felt really down, and burst into tears and had some Kit-Kats (v mature).
Wouldnt mind but I had said that I wanted to have a meeting to put my case and payroll have ignored that and gone ahead even tho I havent even given them my mat cert yet. Now am worried am in the system and even if they change their minds will be unable to stop wheels grinding.

I don't care what they call you, casual or not, if you worked continuously you have accrued employment rights.

If they had any sense they'd count your service for maternity pay from day 1. Don't worry about the wheels grinding with no opportunity to go backwards, payrolls are very easy to change!

I think you need to write formally stating your case. What does the maternity policy state in terms of entitlements?

Agree with llareggub you need to formally write to them quoting the rights as specified in the link I posted earlier. It's not even about having a 'case' as far as I am concerned, those are your rights, plain and simple.

Disappointing that your union rep has taken that attitude, just giving a number for legal advice. The rights are perfectly clear, and your rep should be fighting for you to get them not fobbing you off.

You could point them to this government leaflet for employers about rights of pregnant employees. It clearly states that to be entitled to SMP a woman must have been employed continuously for 26 weeks leading to 15th week before due date. It doesn't differentiate between casual and permanent employment.

I would advise you to write to them again formally stating your entitlement to SMP and asking them to respond within 7 days either confirming that you will be paid it or alternatively confirming that they are refusing to pay it and confirming the reason for that. State in the letter that should they refuse to pay it you will be raising a formal complaint with HMRC who will appoint an officer to investigate and may fine them if they continue to refuse to pay.

thanks for that llareggub and flowery. I work in the kind of business where the union doesnt have much sway any more and where it's really tight financially. So I'm not surprised work are taking this attitude - or that the union rep looked unconvinced.
I've been playing telephone tag with the legal officer. I am going to send a formal letter Monday once I've (hopefully) spoken to him. Thanks for all those links - am really appreciating all your help
Bad news is - looks like there's going to be redundancies in the company so I don't know whether it is going to be a good time to be bolshy....! Sorry I feel really nervous!

You don't need to be bolshy, just polite, professional and firm. You can do it!

Making sure you get the rights you are entitled to isn't being bolshy, just be polite, professional and firm as llareggub says. If they make you redundant either because you're pregnant or because you are trying to get your statutory rights, they'd be in a whole heap of trouble, so chances are they will be even more cautious to make sure there's no chance you could say that.