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self employed when do i have to let my boss know

9 replies

lou222 · 28/03/2008 20:03

i know it's 15 weeks before for employees
but i am classed as a worker and my boss provides me with my business but i pay my own tax and ni etc
i have to give 2 weeks notice for the end of the contract but is there an official date i have to let them know by ?
i'm worried they'll stop giving me work so need to carry on as long as poss
i don't see them from one month to the next so they won't see that i am pregnant!
i've rung all sorts of help lines but no-one can give me an answer
hope someone can help

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SlightlyMadSweet · 28/03/2008 20:07

I could be wrong but YOu are legally employed by yourself.

At a guess this means you aer responsible for your own health and Safety so you probably don't need to let them know from that perspective

At a guess this means you won't be getting any maternity benefits/entitelments from them so you don't need to let them know from that point of view.

So I would ring and let them know that you "had a lovely baby boy called Roger yesterday and he weighed 7lb8oz" at teh appropriate time

Seriously, it does sound to me that you have to give them any maternity type notice/info. You just have to honour yourr notice periods within your contract.

SlightlyMadSweet · 28/03/2008 20:09

And if you are employed I don't think you have to let them know by a certain date (other than hte notice period set down in the company's maternity policy). You should tell them sooner rather than later as an employee though as they then become responsible for carrying out a H&S assessment from that point mainly I think.

lou222 · 28/03/2008 20:29

thanks slightly
no i won't be getting any maternity etc from them as i'm def not employed by them
like the sound of ringing once i've had 'roger' but think i might let them know a few weeks before!

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shhhfloweryisnotreallyhere · 28/03/2008 20:33

see this factsheet on maternity rights and responsibilities for self-employed and 'workers'

SlightlyMadSweet · 28/03/2008 20:39

Ignore me...listen ti Flowery's advice she is the expert in this field...

lou222 · 29/03/2008 17:05

thanks flowery i'd already looked at that but it still doesnt say at what point i have to notify them ?
is it just my 2 weeks notice or before?

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lou222 · 30/03/2008 20:44

does anyone know the answer?
really struggling to find out from help lines etc
don't know where else to ask?

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shhhfloweryisnotreallyhere · 31/03/2008 09:55

lou it really depends surely? If you are self-employed and therefore not claiming any maternity rights as such, then you are just thinking about what notice you will need to give to your clients that you will not be available, which will depend on the agreement you have with them.

It doesn't sound as though you are genuinely self-employed, you yourself define yourself as a 'worker' which sounds correct, if you have a 'boss' rather than 'clients', and presumably you couldn't decide to send someone else to do the work, provide your own equipment, work for more than one company, make your own decision about what and how much work to do, risk your own money, etc? If you have boss who gives you work you wouldn't be classed as self-employe regardless of who pays your tax.

In which case as you will see from the link, you do have entitlements to pay and other protection, and should give the same notice as an employee.

Either way, it would be courteous to give as much notice as you can to enable your boss to make plans for alternative arrangements, particularly if you are hoping to work for them again in the future.

lou222 · 31/03/2008 20:42

thanks for your reply
i am self employed as i pay my own tax and n i. but in my contract with them they have classed me as a worker.

i do work for more than one company and they are aware of this.

i want to give a good amount of notice (my contract says 2 weeks) but as i haven't been working there very long my reason not to give them 15 weeks is they could stop providing me with work and i need to earn as much money as i can before the baby as i am only entitled to maternity allowance and nothing from the company providing me with work.
they don't need to replace me as such as i didnt replace anyone they just won't find work for me.

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