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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48791
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have an employee working on a casual basis without a contract

Resolved Question:

I have an employee working on a casual basis without a contract do i have to pay her maternity pay
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long has she worked there for?
Customer: replied 2 years ago.
Since November 2014
Customer: replied 2 years ago.
Hi did you receive my response?
Expert:  Ben Jones replied 2 years ago.
Hi yes sorry I was offline by the time you had replied. When you say she is working on a casual basis what is the employment arrangement exactly?
Customer: replied 2 years ago.
She has been working as a member of our bar staff on shifts every week since November 2014. We have been paying her £6.50 an hour to cover 6 hour shifts however she doesn't have an employment contract with us.
Expert:  Ben Jones replied 2 years ago.
The lack of employment contract would make no difference to her rights. She is clearly an employee of yours and there would be an implied contract in place regardless of what was available in writing. So whether she is entitled to maternity pay would depend on whether she meets the criteria to become eligible: https://www.gov.uk/employers-maternity-pay-leave/eligibility-and-proof-of-pregnancy The main requirements are that she must have worked for you for at least 26 weeks by the 15th week before the baby is due (if she has been with you since 2014 then this would be satisfied). She must also earn at least £112 gross per week. If her hours are not consistent then you need to take an average of the last 8 weeks to determine that but I presume it would also be a condition which she can satisfy. So if these are met then she would be entitled to maternity pay even if there was no employment contract in place. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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