Maternity pay to cleaner?!
Discussion
Quick one. Thinking of getting a cleaner - am I likely to have to pay maternity leave if they fell pregnant? Or do I have any other responsibilities as an 'employer'? I ask because some friends recently employed a nanny who is now pregnant and they are apparently going to have to pay her maternity, which sounds like a right pain for someone who's meant to be making your life easier not more complicated.
The cleaner is being found through an agency BUT you don't pay the agency you pay the cleaner cash (£9/hour). The agency get paid by a standing order, a small amount I guess to cover admin etc. Company is maid2clean..
The cleaner is being found through an agency BUT you don't pay the agency you pay the cleaner cash (£9/hour). The agency get paid by a standing order, a small amount I guess to cover admin etc. Company is maid2clean..
Ask for a contract from maidtoclean and talk to them about what the employment status is of the cleaners. they should be sole traders/self employed, not an employee of yours. Failing that either write your own contract for the cleaner to sign making it clear that they are a contractor supplying a service to you.
The relationship between a cleaner and their employer (absent an agency with which the employer contracts) has the characteristics of employment, and labelling it as self employment does not make it so. The cleaner is not in business on his/her own account, does not supply equipment and materials, and works as directed by the employer.
As said, don't employ a cleaner, buy the services of a cleaner, either from an agency or a self employed one. If you don't mind who cleans, use an agency, but if your environment is at all sensitive or has a host of special requirements (H&S/security/special handling) and you wish to have a (professional) relationship with an individual, go the self employed route.
Breadvan73 said:
The relationship between a cleaner and their employer (absent an agency with which the employer contracts) has the characteristics of employment, and labelling it as self employment does not make it so. The cleaner is not in business on his/her own account, does not supply equipment and materials, and works as directed by the employer.
Surely that would only be the case if the OP was the cleaner's only client?When we had cleaners when my wife was working, they worked a 5 day week doing 2-3 clients per day. I can't see any way in which those 10-15 different householders could be considered jointly liable for the cleaner's maternity leave, had such a thing occurred.
The employers would not be jointly liable. Each would be liable only in respect of maternity pay related to the hours worked by the cleaner. A cleaner can have several contracts with different employers, but they have the characteristics of a contract of service, not a contract for services. In practice, it is likely that few cleaners claim employment rights, because things are done informally and cash in hand.
Kermit power said:
Surely that would only be the case if the OP was the cleaner's only client?
When we had cleaners when my wife was working, they worked a 5 day week doing 2-3 clients per day. I can't see any way in which those 10-15 different householders could be considered jointly liable for the cleaner's maternity leave, had such a thing occurred.
many poeple have multiple part time jobs that are paid employmentWhen we had cleaners when my wife was working, they worked a 5 day week doing 2-3 clients per day. I can't see any way in which those 10-15 different householders could be considered jointly liable for the cleaner's maternity leave, had such a thing occurred.
what does the contract say ? no contract? hmm... as breadvan says most is under the table, but HMRC will be the one to decide the relationship should they ever find out.. and breadvan knows a thing or three...
failing that
http://www.hmrc.gov.uk/employment-status/index.htm
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