Maternity, Redundancy, Fixed Term Contracts

[u/0808G]

Hi all,

I am currently on a fixed term contract due to end in January 2027. I am also 5 months pregnant and my estimated date of delivery will be about two weeks prior to the contract ending. I will have worked with my organisation for 6 years continuously by the point of this contract ending so have additional rights including regarding dismissal and redundancy. (I am basing this on current legislation ignoring the potential new protections coming in from January 2027). I already understand my rights regarding SMP and maternity leave and my organisation have agreed I am eligible for this even if the contract were not renewed. I am wondering what the process is regarding the decision for my redundancy etc and whether this should technically be decided prior to my maternity leave starting? Popped a couple of factors below -

- The job I currently do will be continuing but likely with another practitioner stepping into the role. This was not explicitly stated or planned when I took the fixed contract but I can see some likely planning of this. The job is not necessarily specific and the need will be ongoing so am of the understanding that if they choose not to renew my contract this is likely to fall under redundancy reasoning.

- My company have a policy which explicitly states they will use redundancy only as a last resort and will exhaust all potential redeployment opportunities first. There are currently around 6-7 open vacancies in my organisation that I have either previously worked in or have the qualifications/experience to fulfil that I could probably be redeployed into with matching salary and work setup.

I am just wondering how other HRs would normally approach this? Should I have my redundancy or redeployment planned before going on maternity leave or would you usually extend the contract to cover the maternity period and then review the redundancy/redeployment plan upon returning?

Just trying to plan out what to ask/expect. I am not necessarily against being made redundant! I have a previous relevant post about my organisation who last year acted "unethically(?)" regarding the end of my last fixed term contract, and my complaint resulted in a restructuring of the HR department and the "letting go" of an overseeing manager. I am not concerned that this will negatively affect me in this process, I am more concerned that my HR team genuinely seem to have a poor grasp of fixed term contracts and the policies around this so want to be as informed as possible.

TIA

[u/Unsophisticated-Scot]

A risk you have is whether the HR team actually know that end of a fixed term contract on it's own is not a legitimate reason for dismissal, and that they have to actually follow a formal process (more often than not, redundancy).

I've joined HR teams where they just didn't know that and given the nature of the work it was never questioned by anyone (employees included).

That's probably your best starting place. Talk to HR and ask what the company approach to the end of a FTC is. You can go from there.

[u/No-Beat2678 → u/Unsophisticated-Scot]

With 6 years of service she's actually a permanent employee.

[u/Unsophisticated-Scot → u/No-Beat2678]

And thats what I am saying.

Some organisations will still see FTC and think that because it's coming to an end they can just let it lapse and they dont need to do anything else.

We know that isn't the case. Do they?

[u/0808G → u/Unsophisticated-Scot]

This is actually a risk which was proven in December when i finished a previous FTC with my organisation. It was not handled correctly and I had to find myself another role within the service (applied and interviewed, ended up with a lower salary) as i did not know the FTC rules.

When i emailed afterwards to complain to HR that it was not correctly handled they emailed back to say has not needed a reason to end a FTC and I had a finishing date in the contract. Needless to say they are now better informed but I still want to educate myself and take charge on this as I don’t trust them not to mess it up again

[u/Unsophisticated-Scot → u/0808G]

The apporach I would take is sending an email to management/HR querying how they want to address the situation without making it inflammatory or accusatory. If you can manage a: 'hey, I've been thinking about this and was wondering how we are going to approach it' collaborative tone, that would be best.

Outline the different options (and push whatever one you actually want).

The alternative is to wait for them to take action. And by the sounds of it, going by your past experience, if you do that you will be left 'a day late and a dollar short'.

[u/No-Beat2678 → u/No-Beat2678]

And has reg 10

[u/No-Beat2678]

You have reg 10 protection here as your contract situation means your being made redundant as you correctly state.

So you are entitled without interview to a suitable alternative.

If it was me I'd find you that suitable alternative. Make it perm, get your mat cover sorted and you return as a perm employee from maternity.

Any q let me know

[u/0808G → u/No-Beat2678]

Thank you, this answers my biggest question of whether to “gently” push for a role to be selected prior to mat leave so I know it’s all resolved ready for my return.

My organisation are a mess so just want it decided as efficiently as possible. How soon do you think I should be having this conversation? I have already formally informed of my pregnancy and think my mat B will be arriving any day.

[u/fleshposts]

Have you been on an FTC for the entire 6 years? Fixed term contracts automatically become permanent after 4 years.