Employees on maternity

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Chloh

New Member
Joined
Jul 23, 2021
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Location
York
Hi,
I have only had my barbers for 2 years and obviously one of those years was spent not working.
I have a employee who is off on maternity leave at the moment, before she had the baby she was doing clients hair at home. Which I thought okay you’re just trying to make a bit of money before the baby. Now 3 weeks after the baby was born she’s back doing clients hair and posting and advertising on Facebook. Is she allowed to do this whilst still being employedby me and receiving maternity pay off of me. I’ve googled and from what I’ve found I think it’s okay? It’s just annoying that I’m struggling at work and she’s at home earning an income aswell as being payed maternity.
thanks in advance.
 
Maternity benefits: detailed guide

"3.12 Working in your Maternity Pay Period
If you do any work in a self-employed capacity during your MPP (maternity pay period), then such work will not affect your SMP(statutory maternity pay)."

Yes she can do this. Of course it's annoying for you, but probably works well around a newborn baby. I would probably do the same in her situation.

Surely she is costing you nothing right now anyway? Just checking that you are claiming you 103% back, if not the 92%?
 
Thankyou! Yes I’ve claimed the maternity pay. I know it all works well around a new born baby, but I’ve also got a 5 month old and struggling to run the shop. Was just curious of whether it was okay for her to do so, and the advertising on Facebook where some clients that would’ve come into my shop are now going to her. Just annoying but at the same time I want what’s best for her.
 
where some clients that would’ve come into my shop are now going to her
Hmmm is there something in her contract to stop that? I would probably draw the line there. For example, I work in payroll in the daytime and I’ve signed an agreement to say that I cannot take any clients or employees from the business with me. Without that written in though, I think you’re stumped. Perhaps you could have a chat with her and ask about her future plans. Could she planning on setting up by herself permanently?
 
Try not to worry as you can’t do much about it now. However, when she does return to work, make it crystal clear that you aren’t happy with her deliberately poaching your clients.

Hopefully, she will choose to leave at the end of her maternity period and work from home permanently and then you can recruit someone new and include a non compete clause in the contract, professionally drafted of course.

Also, it’s common for clients to follow their stylist initially to see what the experience is like, but some will likely return to the shop.

… Just annoying but at the same time I want what’s best for her.

No!!

You’re her boss and your priority is to your business, first and foremost.
Supporting staff with training and good working conditions is very important but you do not automatically want “what’s best for her” if that’s going to damage your business.

Women are so conditioned to be ‘nice’, it can be difficult for some female employers to think like a boss, rather than a girlfriend.

Treat this experience as a good learning opportunity.
 

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