Taking case to tribunal. Should I continue my employment?

I am employed on a six-month fixed-term contract (renewable) which ended just before my due date and has been extended to cover my maternity leave. I am in receipt of maternity allowance and the occupational maternity pay of my employer (which has now finished). I am not going to return to work at the end of additional maternity leave (not my choice!) and am in the middle of bringing a case to employment tribunal due to a previous decision not to pay me occupational pay. I do the odd day here and there (1-2 days per month) of self-employed work. I have done 10 days and so any more will bring my maternity allowance to an end, but I am worried about jeopardising my continuous employment. What should I do?

You appear to be bringing an Employment Tribunal claim arising out of the past decision not to renew a fixed-term contract. In most respects, the Employment Tribunal will be looking at what happened then, not what has happened since then. In some circumstances. However, the subsequent employment relationship can become relevant (particularly to the amount of compensation payable). You will need to take specific advice on your circumstances from a lawyer who has full details of the claim.

However, there are other advantages to continuous employment, such as entitlement to sick pay, holiday and other benefits such as enhanced maternity pay. Continuous employment also gives other employment rights such as the right to claim Unfair Dismissal and to a Redundancy Payment (which may be enhanced, also usually by reference to continuous employment).

You should also check whether or not your entitlement to occupational maternity pay is dependent on your continuing to be employed for a period of time after your return date.





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