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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47360
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My wife applied maternity cover job and was given a permanent

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My wife applied for a maternity cover job and was given a permanent contract. Now she is pregnant herself and her company is advising that she is not entitled to maternity leave even though according to the government website she fulfills all the requirements of length of service, pay etc. is she entitled to maternity leave? They have also told her now that her contract will end before she wishes to go on leave
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Have hey said why they believe she is not entitled to any leave?
Customer: replied 1 year ago.
Hi Ben, they have said that the wrong contract was issued that's all. As she was hired for maternity cover and the original person is coming back in November they are saying that her emolument will be terminated hence she is not entitled to maternity leave
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. When it comes to statutory maternity leave, every employee is eligible for that as long as they have given their employer the required minimum notice. This must be given at least 15 weeks before the due date. So the issue really is whether she would still be employed at the time the leave is due to commence. You have said that her employment will be terminated even though she was on a permanent contract. If this was a genuine error then she cannot rely on the mistake by the employer to retain her employment with them. Also a permanent contract does not mean she cannot have her employment terminated. In fact in the first 2 years of employment there is no protection against unfair dismissal so an employer could be dismissed for more or less any reason as long as there is no discriminatory reason for this.The main issue here is what is the reason for her termination. If it is because she was only employed as maternity cover and the person she covered has now returned then this would be a fair reason for termination, even if she was on a permanent contract. This is because the employer could dismiss her for more or less any reason within the first 2 years. The key is that their decision should not be linked in any way to her own pregnancy. In this case the employer may have the upper hand to prove that a permanent contract was issued in error or that her pregnancy was not linked to her dismissal because she was employed as maternity cover and in this case she would have only been there for the duration that the other employee was off on her own maternity leave. Therefore, unless she can show that the employer’s decision is linked to her becoming pregnant, she would not be able to challenge the dismissal and if that means she is not employed by them when she is due to start maternity leave, she cannot claim for that either.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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