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Employment Law (Maternity Leave)
3 Answers
Hi All. I'm after a little bit of advice please.
A friend of mine works 3 days a week (on a permenent contract). She also works 1 day a week at the same place but in a different role - and this time on a temporary contract. She was asked recently to continue this 1 day a week after Christmas, to which she agreed. She has since received a letter that says that particular role will be terminated on a set date (not sure what date that is, but it corresponds to when she is due to go on maternity leave, which is late Feb/March time).
There are two possibilities - firstly, that they have decided they don't need anyone doing that job after she goes on maternity leave, and so are getting out of paying her (which I assume is ok by law?), or secondly, that they want to avoid paying her maternity leave in addition to paying for somebody else, so will terminate her temporary contract and get someone else to do that job when she goes.
I'm not sure of the laws on this one. Does anybody know? If they terminate her temporary contract just before she goes on maternity leave, and then get someone else to do that same job, is this allowed?
Thank you very much.
A friend of mine works 3 days a week (on a permenent contract). She also works 1 day a week at the same place but in a different role - and this time on a temporary contract. She was asked recently to continue this 1 day a week after Christmas, to which she agreed. She has since received a letter that says that particular role will be terminated on a set date (not sure what date that is, but it corresponds to when she is due to go on maternity leave, which is late Feb/March time).
There are two possibilities - firstly, that they have decided they don't need anyone doing that job after she goes on maternity leave, and so are getting out of paying her (which I assume is ok by law?), or secondly, that they want to avoid paying her maternity leave in addition to paying for somebody else, so will terminate her temporary contract and get someone else to do that job when she goes.
I'm not sure of the laws on this one. Does anybody know? If they terminate her temporary contract just before she goes on maternity leave, and then get someone else to do that same job, is this allowed?
Thank you very much.
Answers
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No they will not be able, and as far as I can see from your post, they are not trying to get out of paying her SMP - she will be entitled to that from her 3 day a week job (assuming she earns enough)
You can have 2 part-time jobs and be entitled to SMP from both jobs, however, the one day a week job would not earn your friend to be entitled to SMP.
I cannot see where they are trying to get out of paying your friend SMP when it is only the one day a week job they are terminating her contract for?
Try ACAS - phone number on Google - and they will give you a definitive answer
You can have 2 part-time jobs and be entitled to SMP from both jobs, however, the one day a week job would not earn your friend to be entitled to SMP.
I cannot see where they are trying to get out of paying your friend SMP when it is only the one day a week job they are terminating her contract for?
Try ACAS - phone number on Google - and they will give you a definitive answer
Yir pal will need to be earning at least �90 for the one day job to satisfy the earnings rule to qualify for SMP in that job.
She also needs to have been employed in that job for twenty-six weeks up to and including the fifteenth week, (the Qualifying Week[QW]) before the wee one is due (still keeping up?)
If she satisfies those rules, the employer must pay the SMP, it doesn�t matter if they end the contract after that QW, it must be paid.
If she doesn�t qualify for SMP in that second job, she will be allowed to work only ten days in it without the SMP in the other job being affected as she is working for the same employer.
As soon as she�s done ten days, any work done after that will mean a whole week�s SMP in the other job will be lost.
She also needs to have been employed in that job for twenty-six weeks up to and including the fifteenth week, (the Qualifying Week[QW]) before the wee one is due (still keeping up?)
If she satisfies those rules, the employer must pay the SMP, it doesn�t matter if they end the contract after that QW, it must be paid.
If she doesn�t qualify for SMP in that second job, she will be allowed to work only ten days in it without the SMP in the other job being affected as she is working for the same employer.
As soon as she�s done ten days, any work done after that will mean a whole week�s SMP in the other job will be lost.
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