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Continuous Service and Mat Pay

Hi all

I was looking for some advice around continuous service in schools for Mat Pay for a friend - haven't worked in education myself and interested to know.

The circumstances are that my friend has worked in a primary school as a trainee teacher since Sept 2018, but the contract was from the council. She has now been offered a direct contract with the same primary school and secured a perm Teaching post due to start Sept 2019. She has recently discovered she is pregnant. My question is - is this considered an associated employer and therefore she will have continuous service from Sept 2018, and thus qualify for SMP through having 26weeks+ continuous service? Or is the council and school two separate employees - in which case her continuous service in her new contract will commence in September 2019 and she will not qualify as having 26 weeks (as she is due mid-Dec)?

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  • Was she actually employed as a trainee and therefore training via the salaried route? If the contract was with the council and now direct with the school, my guess is two separate employers so no, she won’t be eligible if she doesn’t meet the criteria. She will be entitled to maternity allowance though if not eligible for SMP. Check the burgundy book re criteria.
  • www.gov.uk/.../eligibility For the maternity allowance form
  • Hi Sarah

    Is the school a local authority school? If yes, she will have continuous employment.

    If it's an academy (or any other school) she will need to check her contract and whether they recognise employment from previous schools as part of their continuous service, and if they do, is this for the purpose of maternity.