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Pregnancy

Talk about every stage of pregnancy, from early symptoms to preparing for birth.

freelancers maternity rights?

5 replies

argylesocks · 03/11/2010 17:17

Sorry if this isn't the right thread to post this on but I have a rather complex maternity leave question.

I work for a very large company but through some weird HR technicalities I, like many of my colleagues, am freelance.

I've been there a year, I work full time and I know they appreciate and value my work.

BUT: I'm only 10 weeks so I haven't told them yet. I was supposed to get a 6 month staff contract starting in end of November, which would be perfect right?

Well I found out today that because of 'cuts' i won't get the contract and have to stay freelance.

Im really afraid to tell them because I'm afraid they'll just stop scheduling me once I get biggger and I have absolutely no rights.

I know I can get SMP if they keep me on even as freelance but could I get anything else?

I'd like to think they won't screw me over but it is a business after all and I'm sure if they can easily get rid of a pregnant lady no questions asked I'm sure they wouldn't hesitate.

I just don't know very much about this and it doesn't help that I'm foreign and don't know the worker protection laws here very well...

I've heard being freelance in a large company isn't that unusual.

Has anyone else gone through this? Thanks :)

OP posts:
PaigeTurner · 03/11/2010 17:23

I'm not an expert but have just been through the same as a freelance.

Not sure you'd be entitled to SMP if you are responsible for paying your own tax - if you have PAYE it might be a different story.

If you pay your own tax and class 2 NI contributions, you can claim Maternity Allowance which is £124 for 39 weeks.

Basically freelancers have no maternity rights - as I found out when my client of six years tried to get rid of me when I started talking about going on mat leave!

argylesocks · 03/11/2010 17:32

I'm PAYE and as long as they keep me on as freelance from what I've looked up I can still get SMP. You don't need a contract for it but if they get rid of me before 15 weeks from due date I'm screwed.

it seems really unfair! if I was staff I'd get like 18 weeks of full pay :(

OP posts:
Pink10 · 03/11/2010 17:45

I work freelance and will be receiving maternity pay (it's the Co.s policy)I needed to of been with them approx. 1mth before I was pregnant and stay with them until 5mths pregnant. I'll only be receiving 6wks pay at 90% and then 33wks SMP but alot better than nothing. They're also paying for time off I have to take for antenatal appointments and classes. I've had to point out some laws to them. Go to DirectGov website for info on exact dates must of worked etc. BTW I only started doing work for this Co. at the beginning of this year and 6mths pregnant now. Have had to advise them in writing by a certain date, confirm when I will going on maternity leave and provide a MATB1 form from Midwife and proof of antenatal appointments. There are procedures you have to follow but DirectGov advises of these.

Pink10 · 03/11/2010 17:48

Plus once you've formally advised them you are pregnant you are protected by discrimination laws in place for pregnant Woman whether you're freelance or permanent. (Although do be careful of course telling them too soon see CAB for free advice if need be).

argylesocks · 03/11/2010 19:59

ooh what do you mean by too soon? I wasn't planning to tell them for about a month but I'm not sure if I'll be able to hide it for much past 16 weeks. I'm pretty small so I'm afraid it will be obvious when it pops out!

and thanks!

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