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Hello, my name is Ben and it is my pleasure to assist you with your question today. Why hasn't she paid NI or tax?
when i took over the cafe they did not pay tax or Ni for a whole year for the staff and they were below the minium wage it was a cash in hand place
I do understand that it is new years eve so I will contact you on the 2nd
Happy new year !!!
Thanks. Happy new year. Let me consider this and come back if you don't mind?
I will be more precise, my husband and I brought the cafe in march, there were two girls working full time the previous owner was very harsh, they were paid £5 per hour and treated badly. when I took over I didn't give anyone a contract because as I had inherited them I wanted to get to know them to see if they were suitable.They had never paid tax or Ni I assumed they were selfemployed.I had to close the shop in july for major refit as it was in a terrible state.
I paid the part time 6.30 per hour and the full time £7 per hour.A few weeks ago she told me she was pregnant and that I had to pay her full smp for a year and give her a full time contract .I do not want to employ her as I have haf a few bullying issues in the past 8 months and i feel that she is not to be trusted. I have told her she can work for as long as she likes but I will be seeking legal advice. I hope that is a little clearer.
happy new year
Hello again, so let me explain your legal position in this situation. When you took over the business you would have been legally obliged to take on all existing employees and continue employing them on their existing terms and conditions. Whilst they may not have had a written contract in place, a contract would have been implied in any case and certain implied terms would have existed. So generally any terms that are deemed to have existed, such as pay, working hours, etc - terms that have been consistently applied, will have been implied terms.
Another consideration is that the employees would have preserved their continuous service so the time they worked for the previous owner will count and be added to the time they have worked with you. This is important in terms of their employment rights which I will describe below.
First of all maternity pay. Whether an employee received SMP depends on whether they meet the eligibility criteria, which you can find here:
The main rules are that the employee must earn at least £109 a week and have been employed for 26 weeks in the 15th week before the baby is due to be born. So if she meets the earnings threshold she simply needs to remain employed with you until the 15th week before the baby is due and she will then be eligible for SMP. You can find the rates here:
She cannot go off on maternity leave when she is 4 months pregnant. The earliest she can go off is around 11 weeks before the baby i due to be born.
In terms of dismissal, her rights will depend on her length of service. Remember that the time with the old employer will count as well. If she started working for the old employer before 6 April 2012 then she has enough service to be protected against unfair dismissal. If she started after 6 April 2012 then she needs 2 years service to be protected so she could potentially be dismissed without being able to challenge it. The issue then is that you cannot dismiss her due to a reason connected with her pregnancy as that would be discrimination so you cannot just dismiss her to avoid paying SMP or having to let her go on maternity leave.