Is your employer refusing to give you maternity pay?

Did you know that not everyone who works for someone is considered? to be an employee in the eyes of the law? And some employers will try to get around their legal obligations by treating actual staff like they are self-employed, even though they are taxing them at source – this is because you are classed as a worker, not an employee.


Perhaps you work from home, or are a casual worker, for example, but it’s worth getting some legal advice to make sure you are not missing out on your entitlements, because you could actually still fall into the class of an employee, meaning that you are entitled to full maternity benefits from your employer.

If you get confirmation that you are actually a worker, don’t despair – you are still entitled toa health and safety risk assessment that your employer must carry out, and the right to claim sex discrimination if you suffer detrimental treatment as a result of your pregnancy.

In terms of money, you may be able to get Maternity Allowance (?112.75p per week or 90% of your weekly earnings, whichever is lowest), which is paid through the government’s JobCentrePlus office, instead of through your employer, as statutory maternity pay is. This will be paid in full for the first 39 weeks of your maternity leave. If you go back to work early, it will stop.

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