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Unsure about my employment status regarding maternity pay

5 replies

MrsHuxtable · 24/02/2011 22:20

I need some MN wisdom regarding my employment status. My problem is that I don't know whether I would be classed as a casual worker or an employee (I'm sure it makes a difference in terms of my right to maternity pay)and no amount of research so far has helped me clarify my situation.
I'm anxious to ask my employer as I don't want to alert him to the fact that I'm planning to get pregnant in the near future.

I've been working in a deli/cafe/greengrocer for the last three years on a part time basis but will soon be increasing my hours to almost full-time. My shifts are fixed and the same each week, pay is slightly above minimum wage and we get paid in cash weekly. The tax code on my pay slip is 647L. I get 4 weeks paid holidays and sick pay if I was ill.

I don't know how to describe my employment status any better but can answer questions to clarify.

Please...Does anyone have a clue????

OP posts:
flowery · 24/02/2011 22:40

What makes you think you might not be an employee? There doesn't seem to be anything 'casual' about your employment (not that that would necessarily be a problem anyway).

MrsHuxtable · 25/02/2011 10:22

I'm a pessimist, that's what makes me doubtful. Plus DH comment of "Oh, in a job like that, you're most likely just a worker, not an employee." No one else at work seems to have a clue either.

If I was just a worker, would I still be entitled to SMP?

OP posts:
flowery · 25/02/2011 10:30

You are not just a worker! Your DH is being unhelpful, what does he mean 'a job like that'? Hmm A job like what? Sounds like a perfectly normal kind of job to me!

Sorry I'm just slightly taken aback that anyone you speak to thinks you are not employed if you work somewhere continously for 3 years!

For the avoidance of any doubt, please read the definitions below.

employees

worker

cmere · 02/03/2011 19:42

Hi MrsHuxtable

I'm a payroll "expert" and it certainly sounds to me that you are an employee.

As long as you earn more than £97 per week or £421 a month, you will be entitled to SMP.
Please do check your holiday entitlement though. You should get 5.6 weeks per year, but these can include Bank Holidays - make sure you're not getting short changed!

Hope that helps.

crw1234 · 08/03/2011 08:40

And remember as small business your employer will get most or proabably all of SMP refunded so it won't cost them anything when you go - apart from recruiting someome to cover you

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