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Not necessarily. Many determining elements are at play when dealing with a pregnancy on a personal service contract, including:
ℹ️ Your employer cannot terminate a fixed-term contract because of your pregnancy before its end date unless this is specified in your contract.
A short-term contract is an employment arrangement that lasts for a specific period. Agreements typically have a start and finish date specified on the contract.
There are two types of short-term contracts:
Non-renewal of a fixed-term contract can equal dismissal. Especially if you are on a rolling contract that has been renewed previously, your employer would have to prove that the employment did not end because of your pregnancy. Otherwise, this would be considered unfair or illegal dismissal.
If you are on a fixed-term contract, you will have all the rights of a permanent employee, including maternity rights. Your contract should continue during the 52 weeks of maternity leave until the fixed term expires. If your contract is renewed beyond your period of maternity leave, then you will be entitled to resume your job.
If you meet the requirements, your employer must pay you Statutory Maternity Pay (SMP). You will not be eligible for SMP on a fixed-term contract if you are pregnant before you start, but you are entitled to paid time off for antenatal appointments, and your job should be safe for a pregnant woman.
The non-renewal of your fixed-term contract is considered dismissal and may be unlawful if you have worked for your employer for more than two years. If your contract ends and is not renewed, you must consider why. Are you redundant because the project has ended, or could the reason be pregnancy-related?
If the job still exists and your contract is not renewed because of your pregnancy or maternity leave, the dismissal will be discriminatory and automatically unfair, even if you cannot work for most of the contract, whether because of parental leave or health and safety reasons.
You have special rights if you are dismissed or made redundant while pregnant or on maternity leave – you must be given written reasons for your dismissal.
The law also provides special protection to women on parental leave. Your employer must offer you any suitable alternative employment in preference to other employees being made redundant.
Apply for a redundancy payment if you have been dismissed after working for your employer for more than two years.
For more information go to:
Suppose your contract is up for renewal and your employer does not yet know about your pregnancy. In that case, you can wait until the permanent contract has been signed before announcing your pregnancy.
Informing your superiors afterwards may require a bit of diplomacy , but it is legal to do so.
You may choose openness and win favour for honesty and reliability. Then you could announce your pregnancy — and ask your employer to extend your contract anyway.
This would signal that your work is important to you and that you would like to return to the company.
Your boss may even be glad to extend your contract during your pregnancy because they are relieved not to lose a seasoned employee. Now they only need to find a temporary replacement.
⚠️ Be aware: due to the pregnancy, your employer may not offer you a contract extension, allowing your contract to end.
Therefore, it is essential to carefully consider your next steps.
If your contract is not renewed during pregnancy, you may be able to claim unfair dismissal. You would need to show that your employment ended even though your employer had communicated his intention to renew your contract. Other helpful aspects in a claim would be a previous contract renewal and evidence that your continued work is needed.
Fortunately, financial benefits are available when your contract ends. Once it becomes clear that your contract will not be renewed, register with your local job centre. This will allow you to receive unemployment benefits immediately after your contract is terminated.
Find out which benefits are available to you by going to:
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