Advice about pregnancy?

**Lewis** · 4 August 2008, 08:37

Originally posted by Captain Pook View Post

Hi,

I'm new here and new to contracting. Having just (6 weeks ago) taken up an initial 26 week contract (with the possibility of a further 25 weeks extension), I've just found out that I'm around 7 weeks pregnant (unplanned).

The terms of my contract are that they can get rid of me with no notice. My ltd.co. gets paid via an agency that gets paid from the employer.

I will be physically very able to work until beyond when my 26 weeks is due to end, though I'm reluctant to tell my agency or employer as I fear they might get rid of me. Realistically, I'd not really want to work a great deal longer than my 26 weeks anyway.

Does anyone have any advice about when I should tell the employer/agency? My gut feeling is to keep my mouth shut until it's visually obvious and hope they don't get rid of me (as I'll have financial issues if I lose this contract and can't get another one) - am I likely to have any legal redress whatsoever if they get rid of me after telling them I'm pregnant?

Thanks in advance for any advice that anyone can give.

CP

Personally I think you certainly shouldn't tell anyone before your 12 week scan. A lot of people don't even tell friends and family until this point. It's a horrid thought but until then you won't know everything is ok with the baby.

You probably won't be visible until at least then. As soon as you are visisble and you know all is ok you are probably best to tell them. I don't know the law with contracting but my guess is that it is illegal to terminate your contract because of baby but it could be that because the client is not your employer they have no legal obligation, plus they can easily come up with some other excuse.

I would just be honest (when the time comes) and hope they are decent enought to do the right thing.

Good luck with work and baby.

EDIT - plus I would forget about legal avenues, probably lots of stress (which is not good for you and baby) and low chance of success. I have a friend who got a short term contract when visibly pregnant. Focus on that at the time rather than going legal.

**BrilloPad** · 4 August 2008, 08:48

Originally posted by Captain Pook View Post

Hi,

I'm new here and new to contracting. Having just (6 weeks ago) taken up an initial 26 week contract (with the possibility of a further 25 weeks extension), I've just found out that I'm around 7 weeks pregnant (unplanned).

The terms of my contract are that they can get rid of me with no notice. My ltd.co. gets paid via an agency that gets paid from the employer.

I will be physically very able to work until beyond when my 26 weeks is due to end, though I'm reluctant to tell my agency or employer as I fear they might get rid of me. Realistically, I'd not really want to work a great deal longer than my 26 weeks anyway.

Does anyone have any advice about when I should tell the employer/agency? My gut feeling is to keep my mouth shut until it's visually obvious and hope they don't get rid of me (as I'll have financial issues if I lose this contract and can't get another one) - am I likely to have any legal redress whatsoever if they get rid of me after telling them I'm pregnant?

Thanks in advance for any advice that anyone can give.

CP

firstly many congratulations! is it your first? you and your partner must both be very happy!

You are unlikely to have any legal redress. But most people say nothing until after 13 weeks.

You are unlikely to show until 20-26 weeks anyway - so worth keeping quiet until extension time. I suspect when extension comes up then it will be far better if you discuss it honestly with them then.

**slackbloke** · 4 August 2008, 09:33

Originally posted by Captain Pook View Post

Hi,

I'm new here and new to contracting. Having just (6 weeks ago) taken up an initial 26 week contract (with the possibility of a further 25 weeks extension), I've just found out that I'm around 7 weeks pregnant (unplanned).

The terms of my contract are that they can get rid of me with no notice. My ltd.co. gets paid via an agency that gets paid from the employer.

I will be physically very able to work until beyond when my 26 weeks is due to end, though I'm reluctant to tell my agency or employer as I fear they might get rid of me. Realistically, I'd not really want to work a great deal longer than my 26 weeks anyway.

Does anyone have any advice about when I should tell the employer/agency? My gut feeling is to keep my mouth shut until it's visually obvious and hope they don't get rid of me (as I'll have financial issues if I lose this contract and can't get another one) - am I likely to have any legal redress whatsoever if they get rid of me after telling them I'm pregnant?

Thanks in advance for any advice that anyone can give.

CP

I agree with Lewis, don't mention it until the 12 week scan. After that I would tell them for your own wellbeing; if any issues arise/you need to take time off/go to the hospital etc it is better they know about this possibility in advance. I can't see any reason why they would terminate your contract just because you are pregnant, under normal circumstances it should be no bar to you doing your job and they would just be shooting themselves in the foot.

**daviejones** · 4 August 2008, 09:37

CaptainPook is a manbot

**blacjac** · 4 August 2008, 10:17

The end client is not your employer, your Ltd company is.
Once you get your head round that the rest of it becomes simpler.

There are no employment rights between you and the end client, it is a business relationship between your ltd, the agency and them. They could get rid of you tomorrow if they wanted to.

Think of it this way. If you hired a female interior designer to help you do up your mansion for a couple of months, would you expect her to tell you she was pregnant? Of course not, and as her client it is none of your business.

What's more, if you did find out she was pregnant, would you get rid of her because of it? I doubt it, as it would have no impact on weather or not she can do the job.

Your end client is not your employer, and as such they have no responsibility over you that would make them nervous about you being pregnant. It is also none of their business.

**BlasterBates** · 4 August 2008, 10:47

Just give them sufficient notice about when you plan to leave work, if at all. There's no obligation to tell them about your pregnancy, though proabably best to tell them at some point. If you expect the pregnancy not to affect the contract at all, then emphasise the point.

**ASB** · 4 August 2008, 10:49

Originally posted by blacjac View Post

Your end client is not your employer, and as such they have no responsibility over you that would make them nervous about you being pregnant. It is also none of their business.

That's true, however the Sex Discrimination Act uses a wider definition of "worker".

I beleive this muddies the water slightly. I'm not suggesting the OP is eligible for SMP or similar from the client but might be able to use the Act to bring a case if the contract was terminated.

**blacjac** · 4 August 2008, 11:10

Originally posted by ASB View Post

That's true, however the Sex Discrimination Act uses a wider definition of "worker".

I beleive this muddies the water slightly. I'm not suggesting the OP is eligible for SMP or similar from the client but might be able to use the Act to bring a case if the contract was terminated.

I think this is unlikely as the termination would be of a business contract and not of an employment. The OP would still be emoployed by their Ltd company.

**ASB** · 4 August 2008, 12:00

Originally posted by blacjac View Post

I think this is unlikely as the termination would be of a business contract and not of an employment. The OP would still be emoployed by their Ltd company.

I hear what you say, and it is a perfectly rational view. However I'm not convinced.

The updates to the act in 2005 (and other anti descrimination acts) were largely intended to place contract workers on an equal footing.

I personally believe that ANY client obtaining the services of a worker either as an agency employee or by engaging the ltd company may be regarded as a "principal" for the purposes of the SDA etc. This view might be wrong.

http://www.opsi.gov.uk/si/si2005/20052467.htm
http://www.emplaw.co.uk/researchfree...a%2f084043.htm
http://www.emplaw.co.uk/researchfree...a%2f084043.htm

If the OP's company contract was terminated because of the pregnancy then - if clientco is a principal - this is a breach of the act.

The TUC have this to say:-

http://www.worksmart.org.uk/rights/m...t_eligible_for

"If you find that you are a worker and not an employee, you may not get the full set of maternity rights, but you will still receive protection such as health and safety risk assessments that your employer must carry out, and the right to claim sex discrimination if you suffer detrimental treatment as a result of your pregnancy."

Whether or not the worker suffers detrimental treatment as a result of the company having it's contract cancelled may be difficult to establish though. [Ultimately while it all applies in principle it may well be entirely toothless].

Advice about pregnancy?