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can i work while on maternity leave

(3 Posts)
lilysmemo Tue 09-Nov-10 13:52:38

hope someone knows more about this than me. I am currently on maternity leave ( until March) I am getting SMP and have been doing a little work for another company to earn a wee bit of ££ coming up to Christmas. the comapny have asked me to sign a P46- but can I legally work ?
I have a looked into it and have been told you can work if you are self employed, the form from HMRC says that if all your work as a self-employed person is for the one company then you are an employee- please help.

prh47bridge Tue 09-Nov-10 14:57:30

There are two considerations here.

Firstly, your employment contract with your original employer may prohibit you from working for anyone else whilst you are employed by them. That prohibition still applies whilst you are on maternity leave.

Secondly, the fact that your new employer wants you to sign a P46 means you are not working for them on a self employed basis. The fact they are the only company you have worked for confirms that you are not self employed. Your SMP from your original employer should therefore have stopped the Saturday before you started work with the new employer.

lilysmemo Tue 09-Nov-10 15:11:25

I don't really have a contract from my employer- but just want to know if I can work for another company. If I was at work I know I can have two jobs, I have done that before- but it seems I have to become self employed to continue , but don't really want to do that at this time.
I think I may just ask them to wait to pay me when I decide to return to work, they can't guarantee regular work and it was an ad- hoc arrangement - thanks for your advice

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