Maternity and temporary contracts

[Mattt]

A friends OH is now pregnant, and her employers (council) have that because she spent the first 6 months on a temporary month by month contract, and then fell pregnant during the month she changed to permanent contract, she isn't due any more than statutory maternity pay.

Can anyone advise if there's any chance in arguing?

[matt28]

Mattt said:

A friends OH is now pregnant, and her employers (council) have that because she spent the first 6 months on a temporary month by month contract, and then fell pregnant during the month she changed to permanent contract, she isn't due any more than statutory maternity pay.

Can anyone advise if there's any chance in arguing?

What does her contract actually say? It will give the policy on maternity leave, including the number of weeks she must be by what date into her contract in order to qualify.

[Mattt]

She was just short on the new permanent contract, but wondered if there would be any way of taking the whole employment period into account?

[fergywales]

Was the month-on-month temporary contract administrated by the council directly or via an agency?

If it was via an agency, there would be no grounds for arguing. The opposite is true if the council was directly contracting the employee.

It sounds strange, but if the contract was with the council directly, ask your OH's fiend how holiday entitlement was managed (booking and allocation of hours/days holiday remaining). This can prove, should escalation be required, how the employee was considered (temp/perm).

[Mattt]

Direct through council

Will ask about holiday.

Edited by Mattt on Saturday 29th January 19:38