Maternity Pay

[danscouse1981]

Hi, Im wondering if anyone can help me ..... I am 15 weeks with my first and i am trying to plan finances for the future.
I currently work in a pub with around 30 hours per week, on minimum wage. From what i have read, i would be entitled to statutory maternity pay because I earn over £111 per week, but my concern is "would I still be entitled to it, if I don't actually have a contract of employment therefore no set hours per week contract?
None of the staff have a contract but we all get regular hours and wage however I am concerned about where I stand legally with regards to this, as well as a risk assessment .... as looking over that aspect I hit a number of the normal concerns in an environment.

I cannot ask my employer, as I know they will not know the answer or be bothered to find out. I've recently just had to take a week of self cert and know I will not be paid for this, so I am not becoming more worried.

Has anyone else been in a similar position with their employer, or does anyone know about employment law which can help me?

Any thought would be greatly appreciated :)

ta

Why don't you have a contract? How do you get paid?

It's only classed as a small business, I get paid cash weekly and earnings are declared to universal credit via inland revenue, as I pay NI

You will get paid on the basis of what your pay is during a specific qualifying period.

If your have worked continuously for 26 weeks during the period up until you are 25 weeks pg (i.e. have been continuously employed by the same employer since the week before your last period) then you get statutory maternity pay. (6 weeks at 90% or normal pay, then £138.18 per week.)

It may be that your week off self-certified will be counted as an interruption to you working continuously. In which case, so long as you still worked for at least 26 weeks (doesn't have to be continuously) during the 15 months up till the due date, you will get maternity allowance which is the same £138.18 per week that is the second part of maternity pay - so in this case you will lose out on a bit less than £300 less than you would have got with SMP.

Would this be classed as an interruption, if I have not actually put in a self cert form, as I just advised my boss I was unable to work due to a next condition, and she didn't put me on the rota for that week.
does this still count?

I am very confused :(

You'll be fine. I worked at a working men's club. No contract, no fixed hours etc. I got SMP. The week you were ill is just that, it's not a break in employment.

It will be worked out on your average pay in the qualifying period.

"It's only classed as a small business"

The size of the business is completely irrelevant. Your rights aren't dependent on that. A week off sick won't interrupt your continuous service.

Yep, you are entitled. HMRC will deem you to have a contract of employment even if it is not written down anywhere.

Thank you all very much. you've put my mind at rest :)

so long as you worked for them, and are employed by them, not self employed since 1 week before your date of your last period you will get 90% of your wage for 39 weeks based on what you've wrote.

This 90% pay is the average weekly earnings in the 12 weeks before you start your maternity leave. So annoyingly if you have to work less due to pregnancy or if you have to take days off in the 12 weeks before leave your average pay will be less and so this means less SMP when you do take your leave :( sucks doesn't it.