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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44957
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Im writing in the name of my friend. She was working for

Customer Question

Hi, Im writing in the name of my friend. She was working for company - food production area. She have had a 6 months contract from November and at the time she did get the contract she was few weeks pregnant. Yesterday (19 June) she have received a letter
that she will no longer be working for the company immidetley, and after 3 hours of work she had to go home. Her 6 months contract have finished in early May, and from that date she never received any letter stating if she have become a permanent staff , she
only received an annexe to contract that Until 'other recruting' processes are finished she will get a reply if she will be staying in the company or not. She only had a week to be working and from 27 June she was about to go on the maternity leave. Yesterday
she also have been told that the company will not pay ANY money for the maternity. Can I get some advice on this please? And yes she have continiued working all the time after the contract ended. she was working untill yesterday.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, do you think the reason for terminating her contract was her pregnancy?
Expert:  Ben Jones replied 1 year ago.
Hi please reply on here, there is no need to open new questions to post your response as that will just make things more difficult, thanks
Expert:  Ben Jones replied 1 year ago.
She appears to have been employed on a fixed term contract, initially for 6 months. If that contract expired and she continued working for them without a new contract then she would have simply varied on with her existing contract, just the end date would have been postponed indefinitely. So if eventually they wanted to end her employment they could have and all they would have had to do is give her the notice period she was entitled to under her original contract, or if no notice was included – a week’s notice.
As she does not have 2 years’ service she is not protected against unfair dismissal so they can dismiss he for more or less any reason. However, they cannot dismiss her if it was due to her pregnancy, so if she thinks that this is the reason for dismissal then it can make the dismissal unfair. If they can show another reason for dismissal which was not linked in any way to her pregnancy then they can dismiss her.
As to maternity pay she would be entitled to that if she meets the relevant criteria, which you can find here:
https://www.gov.uk/employers-maternity-pay-leave/eligibility-and-proof-of-pregnancy
She needs top check if she meets the criteria. If she does, then the employer is required to pay her statutory maternity pay even if they dismiss her and she no longer works for them for the remainder of her pregnancy or when she has had the baby.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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