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AIBU?

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Self Employed & Maternity Leave/Pay

27 replies

rainraingoaway86 · 19/06/2023 07:22

I have been self employed for about two years but only work for one employer, and work from home on my own equipment. My question is, and I'm pretty sure the answer is NO, do I have any rights to return to my job after maternity leave?
Secondly, I assume I am entitled to receive maternity allowance, can I return to work while still receiving these payments?

OP posts:
Mctm123 · 29/08/2024 17:29

On a similar note - if receiving SMP, you can work self employed however would the employer have any way of finding out about the self employment? My contract doesn’t allow me to work elsewhere however if I go on maternity leave would I be able to top up my income self employed without them knowing?

ExtraOnions · 29/08/2024 17:37

“Employee for tax purposes” (inside IR35), is not the same as being an “employee” of a company, you do not have the same Contractural employment rights as of you were a Perm Employee.

The CEST tool is only for there to deal with the rate if tax.

I employ a lot of “inside IR35” contractors, and they do not have the same rights as our employees. This is why Contractors get paid more, than perm employees. The expectation is that they take our insurance (or work via an umbrella), that covers holidays, unemployment, maternity etc.

What does the contract that you have with the organisation say about your status ?

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