Some working women will get less than the statutory minimum for employees, without anyone breaking the law. This is because not everyone who works for someone else is an employee in the eyes of the law.
Some employers do try and circumvent their obligations by treating their staff as self-employed. You can even find that you are taxed as if you are employed but still denied the legal rights that an employee would enjoy. This is because legally you are a worker not an employee.
If your employer tells you that you are a worker rather than an employee, for example because you work from home, obtained work through an agency, or are a casual worker, you should seek legal advice and clarification as soon as possible– it may be that you are a worker, but equally it may be the case that you fall into the category of employee. It is vital that you seek advice to be sure you get the leave and pay that is yours by rights.
If you find that you are a worker and not an employee, you may not get the full set of maternity rights, but you will still receive protection such as health and safety risk assessments that your employer must carry out, and the right to claim sex discrimination if you suffer detrimental treatment as a result of your pregnancy.
You may also qualify for Maternity Allowance, which is paid by the Government through your local JobCentrePlus office, rather than through your employer. Maternity Allowance, like Statutory Maternity Pay, is paid for the first 39 weeks of the maternity leave period.
