Contract not renewed because I'm pregnant

EllieB

Hi,

I was taken on in a sales role last November. Initially it was to cover a maternity leave but during the interview the boss told me he saw it as a more long-term role and when they rang to offer the position they offered me a twelve month contract with a view to extending the contract to permanent after 12 months. (I came to interview for the position through a friend who worked there and knew I would be interested - and I've since found out that the job was advertised as a full-time permanent position)

Once I started, my boss, on a few occasions, talked about my role in the future, once my colleague returned from her maternity leave. I was told several times, by my manager, how pleased they were with me and my performance and how quickly and easily I slotted in with the team. All good so far!

Then I got pregnant. I told my manager and told her I would also be telling the boss. She advised me to let her tell him my news (he isn't hugely hands on with staff and leave and that kind of thing) so I let her at it. I asked the next day if she had spoken to him (as I didn't want my news out there until I knew that he had been told) and she said she had told him. I knew by her tone it wasn't a great reaction from him so I asked how he'd taken it and she said oh he's happy for you of course, but he's kind of devastated because he had big plans for me and now I'd be needing maternity leave. We left it at that and didn't discuss any further.

A few weeks later, I had an NEM (new expectant mother) meeting with HR to make sure all was in order (safety etc) and I asked the HR person about where I stood with my contract, maternity leave, coming back to work etc. She said she'd have to double check but as far as she knew I would work until my leave was due to begin and the contract would finish on the intended date in November, 12 months after starting.... I.e. No mention of extending the contract. I asked if she was saying that there wasn't a job to come back to and she said she'd find out and get back to me.

2 or 3 weeks later she still hadn't come back to me so I asked my manager about it, she got onto HR and the HR manager called me in and said oh sorry, I thought we'd discussed this already, no there won't be a job to come back to. She said "this isn't because of your pregnancy, it's just that the business needs haven't changed - we still need someone for the role that mr boss discussed, but your circumstances have now changed". I didn't persue the conversation as I was kind of shell shocked but in my mind I was thinking that my change in circumstances was that I was now pregnant, so it is because of my pregnancy!!!

I went to my local citizens advice board and the guy I spoke to there got very excited and reckoned I'd definitely have a strong case against them for discrimination due to pregnancy, but while I was there he rang the equality board and they didn't seem so sure. They said that my employer would argue that they took me on on a 12 month contract and the contract had simply run it's course (he gave them a brief synopsis, but didn't mention HR saying it was because of my circumstances changing - something I'd see as the clincher for a case of discrimination).

I'm confused now as to what I should do. From my limited knowledge, to not renew an employee's contract because she's pregnant is discrimination. I don't feel that I should just let it go. On the other hand, I'm due in 3 weeks and have had a very stressful year with a death in the family so I definitely don't need the added stress of taking a case against my employer. Especially if it turns out to be a waste of time!!

Any thoughts or input would be great fully received.

ankles

Talk to Workplace Relations, formally NERA. THey will give you a proper steer

Boskowski

In fairness what did you expect was going to happen while on a 12 month contract?

Frank Lee Midere

Contractors have few or no rights.

Mr. Incognito

http://www.workplacerelations.ie/en/Referring-a-Dispute/Refer_a_Dispute_Make_a_Complaint/Refer_a_dispute_Make_a_complaint.html

EllieB

Boskowski wrote: »

In fairness what did you expect was going to happen while on a 12 month contract?

I had no expectations beyond the 12 month contract until the boss told me, on more than one occasion, that the contract would be renewed.

According to CAB, to go back on this offer (even a verbal offer, especially as I have 2 witnesses who are willing to back up that the offer was made) based on the fact that I'm pregnant, is against the law!

Boskowski

EllieB wrote: »

I had no expectations beyond the 12 month contract until the boss told me, on more than one occasion, that the contract would be renewed.

According to CAB, to go back on this offer (even a verbal offer, especially as I have 2 witnesses who are willing to back up that the offer was made) based on the fact that I'm pregnant, is against the law!

Ok if you have witness that's different but have you witnesses to the second statement?

What will happen is he said she said. HR will deny to have said anything like that and they will play it as your contract ran out.

Tbh I wouldn't renew a contract on anyone who's likely to miss half of it if not more myself. Businesses are no charities. You just don't get yourself pregnant while contracting. You may not like this but that's the truth of it.
Employers will have to honor the law and it's the right thing to do of course. But as a contractor it's a different world altogether.

EllieB

Boskowski wrote: »

Ok if you have witness that's different but have you witnesses to the second statement?

What will happen is he said she said. HR will deny to have said anything like that and they will play it as your contract ran out.

Tbh I wouldn't renew a contract on anyone who's likely to miss half of it if not more myself. Businesses are no charities. You just don't get yourself pregnant while contracting. You may not like this but that's the truth of it.
Employers will have to honor the law and it's the right thing to do of course. But as a contractor it's a different world altogether.

I don't expect charity Boskowski, I have worked my whole life, this is my first child, and I'll make no apologies for expecting to be treated fairly and not discriminated against for pro-creating!! However, you openly admit that you would also make the same discrimination and not renew a pregnant employee's contract so I'm probably wasting my time here. Anyway, thanks for your input and thanks to the other posters for the links.

Frank Lee Midere

The only thing you have - if your contract isn't some kind of PAYE job - is that you may have a verbal agreement with *witnesses* of a full time role. However verbal agreements are not worth the paper they are not written on.

Otherwise a contractor is an outside self employed agent. Like when you hire a plumber.

EllieB

Frank Lee Midere wrote: »

The only thing you have - if your contract isn't some kind of PAYE job - is that you may have a verbal agreement with *witnesses* of a full time role. However verbal agreements are not worth the paper they are not written on.

Otherwise a contractor is an outside self employed agent. Like when you hire a plumber.

Hi Frank,

I'm sorry if I wasn't clear. I am employed as a PAYE worker, not a contractor.

I'm not self-employed.

godskitchen

EllieB wrote: »

I don't expect charity Boskowski, I have worked my whole life, this is my first child, and I'll make no apologies for expecting to be treated fairly and not discriminated against for pro-creating!! However, you openly admit that you would also make the same discrimination and not renew a pregnant employee's contract so I'm probably wasting my time here. Anyway, thanks for your input and thanks to the other posters for the links.

Much the same, I expect, as if the poster above had a contractor planning to go on a 6 month holiday within the contract term.

It's your choice.

The business can do as they please.

EllieB

godskitchen wrote: »

Much the same, I expect, as if the poster above had a contractor planning to go on a 6 month holiday within the contract term.

It's your choice.

The business can do as they please.

Jesus!! Maternity leave is not "much the same" as a six-month holiday!

I'm legally entitled to maternity leave - there is no legal entitlement to a six month holiday with any employer that I know of!

Mrs OBumble

EllieB wrote: »

Hi Frank,

I'm sorry if I wasn't clear. I am employed as a PAYE worker, not a contractor.

I'm not self-employed.

You're a temp, then.

Temps have this happen all the time: an employer is talking about renewals etc - and then something makes them change their mind, and the contract isn't renewed. It can be as trivial as the temp wears the wrong outfit one day, or as major as the employer finding that a young relative of theirs needs a job.

AFAIK you have very little immediate come-back: it's not like you've been fired.

You may have a legal case that can be taken, but you will have to fund it yourself, and you will have the stress of fighting it. Your call if you think it's worth it - but many people wouldn't.

Atlantic Dawn

The issue is in a fixed term contract they can drop you for any reason portraying it as simply not renewing, the commitement they give is x months contract, whether you become pregnant, injured or sick in that time they can simply not renew with no question of discrimination.

EllieB

I think that the fact that the HR manager said that the reason they wouldn't be renewing my contract was "because my circumstances had changed", is the reason that the CAB seem to think that I do have a case. If they had said nothing and just not renewed the contract they would have no problem but the fact is that they admitted that it is because of the pregnancy, and that opens a can of worms!

I'll contact the workplace relations to see where I stand. Thanks for your replies.

awedf

So I have been working as a contract employee for the last 8 months, started as a 6 month contract, everything was fine a permanent position was mentioned. I got a 2 month extension then the business needs were reviewed and they decided not to extend my contract or make me permanent.

Long story short, you were employed from x date to y date. Nothing is guaranteed unless its on your contract. You contract will expire and that is it. Tbh I don't think you have a case for anything.

Boskowski

EllieB wrote: »

I'm not self-employed.

Hey sorry my reply probably came off worse than intended. When I said I probably wouldn't renew your contract myself I assumed you were self employed.

LegacyUser

Eileen2009 wrote: »

Hi

I have recently qualified in employee law first off Congrats on your pregnancy
COPY OF THE ADVICE MOD-SNIPPED.

I do not know any person qualified in law who would start off an internet post stating the fact that they are qualified to give an opinion - especially when they do not know the full facts of the case.

OP, maternity leave discrimination is treated strictly under the law due to strong EU law protection for pregnant women. It is best to try and get a free consultation from a solicitor to see if you have a case. You should do this, as given the facts you have outlined, it is possible that you do have a claim against your employer.

The easiest way to prove that your pregnancy was the reason for the non-renewal of your contract is if your employer hires another to do your job.

Mr. Incognito

Op i linked the complaints form. I cannot give you legal advice.

Contact a solicitor and enquire about a breach of the employment equality act which governs access to employment and discrimination on family grounds

There is no requirement to have worked for a year or requirement to mitigate your loss.

Lots of bar stool lawyers here. Speak to a real one.

Frank Lee Midere

EllieB wrote: »

Hi Frank,

I'm sorry if I wasn't clear. I am employed as a PAYE worker, not a contractor.

I'm not self-employed.

Oh you have a huge chance then.

smcgiff

The company is fulfiling the employment contract with you.

If the company takes on another person after you leave, you may have a case if you have a witness stating you were to have your contract extended.

However, employers are entitled to let employees go when out of contract and take on someone else in the normal course of business.

Other factors - were you meeting sales targets?

In my experience there is a high turnover in sales staff - it's very important to have the right sales staff and employers would walk over hot coals to keep onto very good sales staff.

You seem to have been highly regarded by your emoloyer though.

jesus_thats_gre

EllieB wrote: »

I think that the fact that the HR manager said that the reason they wouldn't be renewing my contract was "because my circumstances had changed",

What is your opinion on this given that you are not a perm employee and are on a fixed term temp contract?

They had plans for you, i.e. I assume that you brought some specific skills to the table that they saw as being valuable.

Boil it down to actual practicalities. Why would they extend your contract in the knowledge that they won't actually be able to utilise these skills? To compound that fact, they would have get someone else on board while still having you as a salary on the books.

If you were a perm employee or you had an actual offer on the table, then I would understand. I am not saying that it is right but a small bit of personal accountability has to come into this. You might be able to argue that it is technically discrimination but I personally wouldn't feel comfortable going after it myself.

davo10

http://www.hayes-solicitors.ie/news/ThePregnantEmployee.htm

Micky Dolenz

user526 wrote: »

The easiest way to prove that your pregnancy was the reason for the non-renewal of your contract is if your employer hires another to do your job.

That doesn't prove a thing. The company are under no obligation to renew contracts or even give reasons as to why they didn't.

OP, it seems like the company have fulfilled their legal obligation to you regarding your mutual work contract. Any verbal chats will be difficult to back up.

Personally I'd get free legal advice but would be prepared to drop it unless the case was water tight. Who knows, you may be working with this same company in the future.

Good luck, try not to stress out too much.

radia

You sound as though you are good at your job and would be in demand as an employee. What's the jobs market like in your field?

If other jobs are available, even if you were to take and win this case (which doesn't sound certain), would you really want the sustained additional stress of working for an employer who doesn't want you there and with whom you've bad blood after taking a case against them, especially when you're late in pregnancy or subsequently getting to grips with being a first-time parent of a young child?

Sometimes life's too short...

Mr. Incognito

davo10 wrote: »

http://www.hayes-solicitors.ie/news/ThePregnantEmployee.htm

Mcgloin is relevant here

You may have a case.

Greenmachine

Your contract has been fulfilled. Op you are clutching at straws.

EllieB

Thanks all for taking the time to reply.

To clear a few things up, yes I had met and exceeded all my targets and up until I told them I was pregnant I was told on numerous occasions how pleased they were with me.

I left a full time permanent job to join this company, (yes I know this was my own choice to do this and a risk based on a verbal promise at the offer of position stage) so am not hugely familiar with in intricities of fixed term contracts.

Within a month of being told my news they had another person taken on in a sales role.... I'm not privy to her contract but so far she seems to be performing the same role as I am with the added duties that my boss had discussed with me that he expected I'd be doing once the lady I replaced returned. She spent her first few weeks shadowing me and learning the ropes from me. However, without knowing the terms of her contract, it's difficult to say whether she has been taken on to replace me. The girl I replaced for her maternity leave is due back next week and will continue on in the role I've been performing and this new girl will be performing the extended role discussed by my boss.

Jesus_thats_gre, the company don't pay maternity benefit to employees, however, in the eyes of the law that's neither here nor there as expense to the company cannot be used as an excuse not to renew the contract of a pregnant employee.

Basically, any reading I've done about employment law and pregnancy, in particular relating to fixed term contracts, all say the same thing. To not renew a contract is in itself not discrimination. However, to not renew the contract of a pregnant employee due to the fact that the employee is pregnant (and to admit this) is definitely against the law and I still feel I would have a strong case against them.

Obviously though, I'm not an expert in the area and will seek professional advice. I'm still just sussing out where I stand and as it's a small town with limited opportunities, I'm not sure that persuing the matter would be smart anyway as finding another job in the area could prove difficult in future if I had an employment dispute attached to my name! I'll keep you posted!

EunanMac

EllieB wrote: »

Thanks all for taking the time to reply.

To clear a few things up, yes I had met and exceeded all my targets and up until I told them I was pregnant I was told on numerous occasions how pleased they were with me.

I left a full time permanent job to join this company, (yes I know this was my own choice to do this and a risk based on a verbal promise at the offer of position stage) so am not hugely familiar with in intricities of fixed term contracts.

Within a month of being told my news they had another person taken on in a sales role.... I'm not privy to her contract but so far she seems to be performing the same role as I am with the added duties that my boss had discussed with me that he expected I'd be doing once the lady I replaced returned. She spent her first few weeks shadowing me and learning the ropes from me. However, without knowing the terms of her contract, it's difficult to say whether she has been taken on to replace me. The girl I replaced for her maternity leave is due back next week and will continue on in the role I've been performing and this new girl will be performing the extended role discussed by my boss.

Jesus_thats_gre, the company don't pay maternity benefit to employees, however, in the eyes of the law that's neither here nor there as expense to the company cannot be used as an excuse not to renew the contract of a pregnant employee.

Basically, any reading I've done about employment law and pregnancy, in particular relating to fixed term contracts, all say the same thing. To not renew a contract is in itself not discrimination. However, to not renew the contract of a pregnant employee due to the fact that the employee is pregnant (and to admit this) is definitely against the law and I still feel I would have a strong case against them.

Obviously though, I'm not an expert in the area and will seek professional advice. I'm still just sussing out where I stand and as it's a small town with limited opportunities, I'm not sure that persuing the matter would be smart anyway as finding another job in the area could prove difficult in future if I had an employment dispute attached to my name! I'll keep you posted!

Consider it fortunate you found this out about them.
I think you're better off out of there, much better to find out their true colours now, than after wasting a few more years working for them.

Boskowski

EllieB wrote: »

Thanks all for taking the time to reply.

To clear a few things up, yes I had met and exceeded all my targets and up until I told them I was pregnant I was told on numerous occasions how pleased they were with me.

I left a full time permanent job to join this company, (yes I know this was my own choice to do this and a risk based on a verbal promise at the offer of position stage) so am not hugely familiar with in intricities of fixed term contracts.

Within a month of being told my news they had another person taken on in a sales role.... I'm not privy to her contract but so far she seems to be performing the same role as I am with the added duties that my boss had discussed with me that he expected I'd be doing once the lady I replaced returned. She spent her first few weeks shadowing me and learning the ropes from me. However, without knowing the terms of her contract, it's difficult to say whether she has been taken on to replace me. The girl I replaced for her maternity leave is due back next week and will continue on in the role I've been performing and this new girl will be performing the extended role discussed by my boss.

Jesus_thats_gre, the company don't pay maternity benefit to employees, however, in the eyes of the law that's neither here nor there as expense to the company cannot be used as an excuse not to renew the contract of a pregnant employee.

Basically, any reading I've done about employment law and pregnancy, in particular relating to fixed term contracts, all say the same thing. To not renew a contract is in itself not discrimination. However, to not renew the contract of a pregnant employee due to the fact that the employee is pregnant (and to admit this) is definitely against the law and I still feel I would have a strong case against them.

Obviously though, I'm not an expert in the area and will seek professional advice. I'm still just sussing out where I stand and as it's a small town with limited opportunities, I'm not sure that persuing the matter would be smart anyway as finding another job in the area could prove difficult in future if I had an employment dispute attached to my name! I'll keep you posted!

There is that of course. Ireland is a small country and sometimes it may be wiser to bite your tongue in the long run. I know this from first hand experience.

TimeToShine

EunanMac wrote: »

Consider it fortunate you found this out about them.
I think you're better off out of there, much better to find out their true colours now, than after wasting a few more years working for them.

True colours? They're a business ffs, not a charity. Why would they pay someone to take a year off when they could have somebody actually contributing to their profits in that time? I'm all for maternity legislation being enforced but running down the vast majority of a 12 month contract, getting pregnant, and then being nothing short of indignant at the thought of not having your contract extended is entitlement. Plain and simple. There was absolutely no guarantee of a contract extension.

EllieB

TimeToShine wrote: »

True colours? They're a business ffs, not a charity. Why would they pay someone to take a year off when they could have somebody actually contributing to their profits in that time? I'm all for maternity legislation being enforced but running down the vast majority of a 12 month contract, getting pregnant, and then being nothing short of indignant at the thought of not having your contract extended is entitlement. Plain and simple. There was absolutely no guarantee of a contract extension.

If you'd bothered to read my last post you'd know that they wouldn't be paying me "to take a year off" as they don't pay employees for maternity leave.

I don't have a sense of entitlement about this, nor do I expect charity, however, I do feel it is my right to not be discriminated against because I'm pregnant!

Your attitude stinks frankly, and if you actually were "all for maternity legislation being enforced" then the rest of your post is in total contradiction to this!!

P.S. Apologies if this seems indignant, it's because I am indignant at your attitude!

MouseTail

Personally I think you should talk to the Equality Authority yourself. But I would ask what you hope to gain? They wont give you a permanent contract, they may extend your contract if their hand is forced, but I would imagine relationships there will have been ruined. Any compensation wont be princely as you were a contracted employee, and I imagine will not compensate for the damage to your career.

Greenmachine

EllieB wrote: »

If you'd bothered to read my last post you'd know that they wouldn't be paying me "to take a year off" as they don't pay employees for maternity leave.

I don't have a sense of entitlement about this, nor do I expect charity, however, I do feel it is my right to not be discriminated against because I'm pregnant!

Your attitude stinks frankly, and if you actually were "all for maternity legislation being enforced" then the rest of your post is in total contradiction to this!!

P.S. Apologies if this seems indignant, it's because I am indignant at your attitude!

Sure knock down anyone who doesn't agree with your position.

EllieB

Greenmachine wrote: »

Sure knock down anyone who doesn't agree with your position.

How am I knocking him down exactly?! He tells me that I have a sense of entitlement in expecting to be treated fairly and also wonders why would any employer take on anyone who has the cheek to get pregnant and take the maternity leave that our employment laws entitles them to, and I don't agree with him and think that that attitude stinks. That's my opinion, just as he stated his opinion. We don't agree, but I'm sure he's big enough and bold enough to come back and tell me if he has an issue with that!!

Plenty of commentators don't necessarily agree with me on this thread but I'm not knocking them down either!

EllieB

MouseTail wrote: »

Personally I think you should talk to the Equality Authority yourself. But I would ask what you hope to gain? They wont give you a permanent contract, they may extend your contract if their hand is forced, but I would imagine relationships there will have been ruined. Any compensation wont be princely as you were a contracted employee, and I imagine will not compensate for the damage to your career.

Mousetail, I fear you're probably right and there would be little to be gained by going down the legal route. I just wanted to put the feelers out there to see if anyone had past experience of this issue.

wmpdd3

OP, I feel for your position, but thinking of this rationally, what are you losing out on.

option 1, your contract ends, you go on maternity leave, you still get 230 per week mat benefit. when your 6 months are up you apply for a new job. you claim jsb while you look for work. you lose out on 2 weeks holiday pay that you would have accrued.

you have left your job on good terms so no reason why you can't apply then again.

option 2
you have your contract, you get 230 mat benefit and your 2 weeks holiday pay. you return to work and only have 6 months left of your contract and no solid chance of a job in 6 months time anyway.

there is no doubt in my mind that the company has not renewed your contract as you are expecting, but they have probably done this before. I think the best thing you can do is express your eagerness to be re employed after your mat leave.