Fixed Term Contract- advice

KkJay18

Hi there,

I am just wondering if anyone has found themselves in a similar predicament.

I have been employed by my employer on a fixed term contract (initially started out as 12 months, was then renewed for another 4 months up until Dec 2020) my performance has been immaculate, I’ve done everything asked of me and more, meeting targets deadlines etc. heard from management on numerous occasions that I’m doing a fantastic job and ‘the best they have seen. All very happy with me

One month before my 12 month contract was renewed I was advised it wasn’t being renewed, I had a feeling this would happen as it was during covid. Someone who started a few days after me got the same news. Was quite upset and emotional over this but it was to be expected. At this stage I was just going on 4 months pregnant- my employer was not aware as I was still awaiting my 1st scan and wanted to wait until I new everything was ok. I advised my employer of my news to deflect from the fact I was leaving in a couple of weeks.

One week passed and they changed their mind and myself and the other persons contracts were renewed for a further 4 months. People who started 4-6 weeks fter us also got the same news all contracts were extended for 4 months.

I was advised during the week that regrettably my contract was not being renewed. I was totally ready for this and knew it would be the case. BUT I since discovered that colleagues who started 4-6 after I initially started at the company have had their contracts renewed for a further 6 months. I’m so hurt by this and feel that due to my pregnancy the chance of mine being renewed as just not an option. I totally understand that I would not be able to fulfill the role they require due to being off work having my baby however I just want to understand how they can skip myself being next in-line for contract renewal, with immaculate performance and then renew others contracts.

I will be asking the reasoning behind mine not being renewed but I doubt il be given a clear answer.

Does anyone have any thoughts on this?

Dav010

There are two considerations here.

Firstly, you were employed on a FTC with an agreed end date, as long as the contract states that the Unfair Dismissals Act does not apply at the end of the contract, you do not have the protection of the Act.

Secondly, you are pregnant am I suspect you think you are being discriminated against because of this. Unlike an unfair dismissal where the onus is on the employer to prove the dismissal was fair, the onus will be on you to show that your employer discriminated against you. This will be a challenge, the employer will be able to show that they renewed your contract even though they knew you were pregnant, and that the second contract agreed in August was shorter as a result of Covid, and that your position is no longer necessary as a result of Covid and what are likely to be repeated lock downs.

Linking the two, unfortunately, being pregnant has no baring on whether they have to give you another FTC. Your employment ended on a specific date which you agreed to after they were informed of your pregnancy.

In reality, they probably didn’t renew because you are pregnant, but you will have to be able to show they discriminated against you at a tribunal.

OMM 0000

KkJay18 wrote: »

Hi there,

I am just wondering if anyone has found themselves in a similar predicament.

I have been employed by my employer on a fixed term contract (initially started out as 12 months, was then renewed for another 4 months up until Dec 2020) my performance has been immaculate, I’ve done everything asked of me and more, meeting targets deadlines etc. heard from management on numerous occasions that I’m doing a fantastic job and ‘the best they have seen. All very happy with me

One month before my 12 month contract was renewed I was advised it wasn’t being renewed, I had a feeling this would happen as it was during covid. Someone who started a few days after me got the same news. Was quite upset and emotional over this but it was to be expected. At this stage I was just going on 4 months pregnant- my employer was not aware as I was still awaiting my 1st scan and wanted to wait until I new everything was ok. I advised my employer of my news to deflect from the fact I was leaving in a couple of weeks.

One week passed and they changed their mind and myself and the other persons contracts were renewed for a further 4 months. People who started 4-6 weeks fter us also got the same news all contracts were extended for 4 months.

I was advised during the week that regrettably my contract was not being renewed. I was totally ready for this and knew it would be the case. BUT I since discovered that colleagues who started 4-6 after I initially started at the company have had their contracts renewed for a further 6 months. I’m so hurt by this and feel that due to my pregnancy the chance of mine being renewed as just not an option. I totally understand that I would not be able to fulfill the role they require due to being off work having my baby however I just want to understand how they can skip myself being next in-line for contract renewal, with immaculate performance and then renew others contracts.

I will be asking the reasoning behind mine not being renewed but I doubt il be given a clear answer.

Does anyone have any thoughts on this?

The obvious thing which jumps out at me is they only have budget (or requirements) for X people, and currently there are X + 1 people in the role, so they had to cut someone.

You can try asking why you didn't get a new contract, but they probably won't give an entirely honest answer.

I believe you're very good at your job. Is it possible the other people are more sociable and have a better relationship with management? I know in school we're taught if we work hard we'll get rewarded, but the real world doesn't work that way - relationships and politics are the most important factors, followed by competency.

Diziet

In your shoes I would challenge this, as it looks very much like discrimination on pregnancy grounds.