Do I have any maternity rights, self-employed but working for one client for 6 years

[PaigeTurner]

Hoping someone can shed some light for me as I've been trying to look up my particular situation and can't find any relevant info.

I have been a freelance for six years, mainly working for one client, although I have had other "contracts" over the years.

I say "contracts" these (including the six-year client) are all verbal agreements, and generally roll out with a month's notice on each side.

Yesterday I informed my client's agent that as I am pregnant I will not be able to offer my full service between Jan and June '11 as I am taking maternity leave, but hoped I could continue to do ad hoc projects for them during this time.

I also said I would like to continue to work up until 38 weeks (so, Xmas).

The response I got inferred that the client would seek to end all services immediately "as if you know you are leaving in December you'll probably do no work."

I think this is outrageous - do I have any maternity rights/employment rights at all in this situation?

I don't think that you do as a self-employed person. You could take it to a tribunal and claim that althought self-employed you were basically working as an employee.

For example say a childminder only had one mindee. On being informed thatthe childminder was pregant and intending to finish work at Christmas the parent would be perfectly entitled to make other arrangments straight away (though most childminders would have 1 month notice in their contract)

As a self-employed person it is down to you to set your terms and conditions and get the client to agree to them and sign them. In the absence of any terms I am not sure whatthe legal position on nitice would be.

Thank you for the reply.

I think if I took this further I'd have to go in on the grounds of sex discrimination - which I believe can apply even if you are not an employee?

If you are genuinely self-employed you are not entitled to SMP or the right to have your job held open for you or any of those things. So in terms of that, it would be an argument that you are not truly self-employed.

I'm not sure I'm clear but if you're saying that you are available until January but because of your pregnancy your client is effectively dumping you now, then yes that sounds like it would be sex discrimination. Have I understood that right?

How are you paid.

Do you sort your own tax out or do you use a Umbrella/Ltd company?

Flowery - Yes that appears to be the case, I have told them I will continue to work as normal until December and they have told me they don't think I will be doing any work, or slacking off (presumably because of the pregnancy, but they have not specifically said that).

However, I have been treated unusually badly since I told them I was pregnant, I even found out my client sent a text to a colleague saying "do you think it's because she's pregnant?" !!

Seeyou - I am a sole trader so do my own tax.

If they do end it all immediately as suggested, on the basis of your pregnancy, you could probably bring a claim. Would you want to do that? Your relationship with them would probably be effectively over if you do I imagine, although obviously it's not in a good place as it is.

The reason I asked if you were a Ltd is if you were i.e. you operate a Ltd or work through and umbrella (you'll know if you do) then wouldn't be protected. As your a sole trader you are.

OK thanks for your help, I will have to see what happens over the next few weeks then I'll know if I want or have to proceed...

I don't think you have any rights to expect anything from your client, even though you have been treated badly.
Can you cultivate your other contacts, to try to build up work for other clients?
You should be entitled to Maternity Allowance (about £4k) as long as you fulfil the criteria. You can get an application form from a Job Centre.
I've been in a v similar situation, and my top tip (from bitter experience!) is to keep in contact with your clients, as it's easier to get work in future from a known party then to find brand new clients.