Hi everyone, I really need some advice. I have a girl who has worked for me for 7 years on a self employed basis. She is like my right hand man. She came in this morning looking awful, when I asked her what is wrong, she replied she is probably going to have to cancel her whole days work as she has just been diagnosed with low blood pressure and feels really unwell. When I questioned her more she finally confessed she was pregnant. she is saying she has only known for around a week and could possibly be a month pregnant. I was shocked as I didnt know how to respond. I pay her a fixed weekly fee (I am her main form of income) and she does other clients at home and mobile. She still expects to be paid whether she works or not or so it seems. Because after I had words with her for turning up and just throwing this on me when she has a fully booked column (and so did I and our other therapist, so no room to move clients), she stayed and did her days work. she did however ring a new client who was booked into the salon for a massage and canceled/moved her, as her Dr has told her she can no longer do massages. When I asked her if she thought she would be turning up tomorrow to do her column she replied she didnt know, because she wouldnt know how she would feel until tomorrow. My dilemma is I don't want to be unfair to her (I already pay her sick days because she doesnt take advantage and I give her 30 days paid holiday a year), but if she is suffering this badly after only a month how am I going to cope with her just turning up and expecting me to cancel her clients and pay her? I explained this to her and asked her what she thought I should do and she again replied she doesnt know. What is a fair way of handling this situation please.
Sickness during pregnancy
- Thread starter melek13
- Start date
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squidgernetball
Ubergeek
Wow, I think there are some blurred lines regarding self employment. If she is working for you on a self employed basis, she can literally do whatever she likes. But she doesn't sound self employed to me. She sounds employed if you're paying her sick pay and holiday. I'm struggling to see which bit makes her self employed. There's a thread at the top explaining the difference between employed and self employed. You need to read this. They aren't guidelines, they are law.
As she is now pregnant, as to all intents and purposes, she is employed, you will be responsible for her maternity pay etc. She may have been happy so far with everything but as she's having a baby, her view may be completely different.
To answer your question. There is very little you can do. You will have to check that she is okay working and that the treatments she's carrying out won't be detrimental to her. You need to keep all communications open. What do you do if she phones in sick? It's the same thing except she's pregnant. You have to be sure you do not discriminate in any way. Looking at your employment practices I'm afraid you seem to be on very dodgy ground and she could literally take you to the cleaners. I'd get some legal advice.
Vicki x
As she is now pregnant, as to all intents and purposes, she is employed, you will be responsible for her maternity pay etc. She may have been happy so far with everything but as she's having a baby, her view may be completely different.
To answer your question. There is very little you can do. You will have to check that she is okay working and that the treatments she's carrying out won't be detrimental to her. You need to keep all communications open. What do you do if she phones in sick? It's the same thing except she's pregnant. You have to be sure you do not discriminate in any way. Looking at your employment practices I'm afraid you seem to be on very dodgy ground and she could literally take you to the cleaners. I'd get some legal advice.
Vicki x
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Vicky is spot on. Please read the sticky thread at the top of this forum for further clarification.
If you're paying her a weekly 'fee' plus sick pay and holiday pay, I don't see how she can possibly be classed as self employed. Are you paying her tax and national insurance contributions too?
Regardless, as she is pregnant, she now has added legal protection from discrimination on the grounds of pregnancy.
Even if she's happy to refer to her status as self employed, once she starts looking into maternity benefits, the authorities will require evidence of her income and are likely to investigate the current arrangement.
You really must seek legal advice from an employment specialist asap.
If you're paying her a weekly 'fee' plus sick pay and holiday pay, I don't see how she can possibly be classed as self employed. Are you paying her tax and national insurance contributions too?
Regardless, as she is pregnant, she now has added legal protection from discrimination on the grounds of pregnancy.
Even if she's happy to refer to her status as self employed, once she starts looking into maternity benefits, the authorities will require evidence of her income and are likely to investigate the current arrangement.
You really must seek legal advice from an employment specialist asap.
BettyBaa1994
Well-Known Member
I think the op means she is employed with her but self employed as she does clients at home. I think the op is confusing self employed and zero hours contract?
BettyBaa1994
Well-Known Member
Depends how you employed her ?, if she has a zero hours contract you legally do not need to offer her work. I would contact acas/ legal help and discuss what you can and should do.
squidgernetball
Ubergeek
In the first sentence it says "she has worked for me for 7 years on a self employed basis". This means she can work when she wants, have a day off when she wants and has no maternity employment rights. She should also take her own money and manage her own clients. Unless the OP is paying her a wage x
