EMPLOYMENT 🥲

You’d be best off contacting the HR department as NHS rules are quite specific to them. Hope it works out for you x

Hey Kemisola, it sounds like they would have extended your contract if you weren't pregnant. You can also contact ACAS for free advice, they will give you everything you need to then go to HR. They have to put in writing why they aren't extending the contract to you. https://www.acas.org.uk/your-maternity-leave-pay-and-other-rights/taking-maternity-leave#:~:text=If%20you%20have%20a%20temporary,you%20the%20reason%20in%20writing.

Thank you so much

Sounds a little bit fishy to me as they are going to advertise for someone else straight away so clearly a needfl for your role! Sounds like they've planned it so they don't have to pay your maternity leave unfortunately. As your contract was fixed term rather than permanent they just may be able to get away with it...also depends on what is written in your contract. I'd definitely contact your HR department for some advice, good luck!

Agree with @Bethany Doesn't sound right but fixed term contracts are hard to argue against. The only thing that's on your side is the fact they are looking to higher straight away therefore they need to give reason for not extending the contract to you.

I’m not sure about the maternity pay (I’d think you’d still be entitled to something) your trust should have a policy for maternity leave which should cover fixed term so check that - you might have to be clever about it and put your mat leave to start before your fixed term ends? Like others have said speak with HR. Also there is nothing to stop you applying for the job when it goes out- they can not discriminate because you are pregnant so if you did well in the interview they would have to employ you. Nhs interviews are on a scoring system (& whilst this is open to manipulation it should be pretty fair)- if you interviewed and got top score they’d have to give you the post.

There have been cases before of people winning discrimination cases where fixed term contracts were not renewed. I would get advice regarding this, and definitely go to your union if you're in one.

Speak with ‘pregnant then screwed’ they’ve free advice and are meant to be fantastic.

Thank you to everyone for your advice so far . I find all the information very helpful in deciding what next steps I’d take . 🤗

I agree with all the ladies. If you don’t have any luck with the HR of your NHS TRUST you can also contact UNISON and if your a nurse RCN can offer you further professional advice - all the best xx

HR Manager here: The right to statutory maternity pay continues if the employee already qualifies for it. Depending on length of service, you qualify at 26 weeks so you should get all of your SMP in your final salary. Depending on the policy, you may get enhanced too but it should be at least stat. Also the non-renewal of a fixed-term contract will be unlawful if the reason for the non-renewal is related to pregnancy, childbirth or maternity leave. If they are advertising for your replacement this applied to you. I’ve had this fight with managers who don’t understand this part of employment law previously, make sure to challenge it.

Thank you Emma I definitely will, someone said I should re apply once my role is put out on advert but I don’t think I want to waste my time or fool myself by re-applying cos I don’t see a need to put it out if they needed me. It’s very obvious the reason for no further extension is because I’m pregnant. Which is unfair. I will discuss all with the Hr and Manager but honestly won’t push