Self employed work whilst on Maternity leave

[Beckynuttall]

Hi All,

I have read a few old threads in relation to the above but wanted to apply my scenario and make sure no laws have changed.

I have started my Maternity leave today with my employer who pays statutory. I intend to take the full 39 weeks but hoping I may be able to earn some money still. I have been granted my 10 Kit days to take when I wish from what I understand this shouldn’t affect my SMP.

The question I have is can I offer to work as self employed with my employer and still be entitled to SMP and if so how does it work? Would I get two pay slips and I assume I would need to complete a tax return for the years I do any self employed work?

Any advice would be much appreciated, my office is very male dominated and we don’t have a HR so I’m having to dig for answers myself!

Thanks

No, you absolutely cannot work for your employer - or any other - apart from your 10 KIT days, whilst on maternity leave.

You get the same ten KIT days as a self employed person.

After I’d used up my KIT days last time I had the option of cancelling the rest of my SMP, or taking on no further work for the rest of my maternity period.

No you can't. Neither would it be self employed work

No. You cannot claim SMP if you are working. Self employed or otherwise. Except for your KIT days. I’m self employed. It’s still work and not what SMP is for.

Mat situations aside, you can't be employed and self-employed by the same employer at the same time. That's essentially trying to hide your employment status which will not go down well with the taxman. There are six tests that need to be applied to self-employment, have a google.

Really?