Hi there, really hoping someone can help although I know its a really weird situation!
I'm in the process of selling my business to a competitor who would like to keep me on as general manager when she takes over. I joined the business 8 years ago with my Mum (who owned it then) and in Jan 14 she resigned with poor health naming me as sole MD and Company Director whilst we were trying to sell the business.
Im very happy to be staying on with the new owners who I get on well with (so far), but we're now hitting a few issues. The first one is that I personally consider myself an employee of the business. I pay PAYE and NI, I get weekly wage slips (all done via accountant). New owners believe that I am NOT employed as I am a managing director so when I effectively re-start work in Jan 15 (after a months unpaid break which is my choice over Dec) they want me to sign a new contract with them.
Now, I wouldn't usually have a problem with this BUT I have just found out (literally 2 days ago) that I am pregnant, due in Late June. IF I have to sign a new employment contract then I am going to miss out on any form of Maternity Allowance/Statutory Maternity Pay by ONE week (yes, one!) as by the time my little ones due I will have been with the new owners and under contract with them for 25 weeks!!....I believe 26 weeks is the minimum term you can claim it :-( Whereas If my employment contract effectively just rolls over with the new owners then Id be entitled to what I would consider my rights.
This is extremely frustrating for me as effectively I've put off having a family for 8 years whilst trying to run this business and keep it afloat for my Mum, then the minute we agree to sell I find out im pregnant but not going to be entitled to anything (or will I??)
Any help or advice would be so gratefully received!