Maternity rights - freelancer on fixed term contract

[VeronicaM]

ENGLAND BASED
I started a new job on 2nd June 2021.
My contract is for six months and takes me through until 3rd December 2021.

I have just found out I'm about 4-5 weeks pregnant.

From what I have read, I would have to have worked for the employer for 26 weeks to be entitled to maternity pay.

The 30th Nov marks the start of my 26th week of employment.

I have also read I have to tell my employer 15 weeks before my due date that I am pregnant - this date would be 26th November.

I work in media.

In my most recent position before this I was "Schedule D" - an old TV term which meant I considered myself "self employed" and therefore operated as a sole trader and filed my own tax returns / self assessment etc. That obviously came with its benefits.

However, due to the recent contracting law changes, this new employer insisted that I had to go PAYE - even though it was only for a six month contract. I assumed that going PAYE would mean I would be entitled to the same benefits as a fill time employee.

However, I have recently read my contract and it states that I am not entitled to any benefits, including maternity.

"For the avoidance of doubt, XYZ shall not be entitled to any company sick or company maternity, adoption or paternity pay from THE COMPANY"

I lost any financial benefits I previously had and ultimately ended up having to take a small pay cut as they couldn't match my previous rate.

I took this job on the basis that it was "six months initially with a view to extend by another year or so, then maybe go perm".

What are my rights?

If I end up in contract extension/negotiation talks before I hit the 15 week mark, am I obliged to disclose my pregnancy?

If I don't, and get a years contract extension, will I be entitled to any more rights?

Please advise.

Thank you.

[ULA]

As is stands at the moment, given the dates that you have provided, then your contract is due to expire prior to your due date which I guess is roughly March next year. The company is not obliged to renew your contract, however the non-renewal of a fixed-term contract would potentially be unlawful if the reason for the non-renewal is related to your pregnancy. This is particularly relevant if you believed there was a strong possiblity that your contract would be extended beyond the 6 month period - was this fact ever communicated in writing to you?

If your contract was extended then to work out your qualifying week, you need to count back 15 weeks back from the week you’re due to have your baby and you would have needed to have work for 26 weeks continously at that point to be able to qualify for statutory maternity pay (SMP). Plus you would have to have notified your employer at the 15 week by the latest to qualify for SMP and maternity leave.