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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59601
Experience:  Qualified Solicitor
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I have been with my company for over 5 years, last June I

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I have been with my company for over 5 years, last June I went back to work after a year of mat leave and was put under consultation after 10 days of being back. I managed to find another role but it was covering someone else’s mat leave so I was on a fixed term contract. That contract was due to end in a few weeks after which point I could either take the deferred redundancy or get another job and give up the redundancy pay. I was offered the same role but again covering someone else’s mat leave which I took. The contract is until the end of December but I know the other girl won’t be returning for a year....however, I have just found out that I am pregnant, due next February. Where do I stand in terms of maternity leave, can they just end my contract in December even though I know the job still exists?
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Not yet no
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee on a fixed term contract but have been with the company since November 2013
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No I don’t belong to a union

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What are you ideally hoping to achieve in the circumstances?

Customer: replied 2 months ago.
Hi Ben...ideally I would like to think I would get the enhanced maternity package offered by my company, which they offer to all staff who have been there for 2 years or more
Customer: replied 2 months ago.
My worry is they will just end my contract and I will get nothing

When would the girl you are covering be back?

Customer: replied 2 months ago.
I thinks she’s looking to take a year off, she leaves on 5th July to start her mat leave

Thank you. They could potentially try and terminate your employment in December but they would need a justifiable reason for doing so and if there are still suitable roles available for you to do then it may be a questionable decision on their part.

However, even if they terminate your contract then, you would still be entitled to your full Statutory Maternity Pay allowance because you would have met the criteria for it (e.g. being employed by them for at least 26 weeks into the 15th week before childbirth). In effect, you could leave their employment before maternity leave starts and they would still be responsible for paying you your full SMP entitlement even if you no longer work for them.

Does this answer your query?

Customer: replied 2 months ago.
Thank you...would you know if they would be entitled to give me the enhanced maternity package that they offer or is that up to them?

It would be up to them because once you leave their employment you would no longer be bound by these terms

Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 months ago.
Ok great, thank you for your help

All the best