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Employment status unclear - help!!!
old_mans_knees
Posts: 17 Forumite
Apologies in advance if this is not in the right section, and also because it may make your head hurt to read it 
My partner and I have recently had twin boys - they are now 21 weeks old. I'm full time employed (37 hours a week, £38k per annum), and prior to the birth my partner was a Director in a business earning £15600 net per annum (split is £600 a month in salary, the rest in dividends, the business sorts out the tax and NIC). There was an arrangement in place that after the birth, my partner would nominally work from home until such time as she returned to work full time, rather than go on maternity leave and take a salary cut. In the end it all became a bit too much and she started statutory maternity leave (thankfully) from the date of the birth and is currently still receiving this.
Unfortunately things after the birth got a little too much for my partner and she resigned as a director of the business (the business is a small family business with her father at the helm) as she felt she could not influence the business due to the nature of the other two directors and did not like where they were taking the business. She became an employee on the same salary, £15600 net.
A few weeks ago my partner broached the subject of coming back to work with her father, to be told by him that the business could no longer continue to employ her full time if she returned to work. She has been told they can pay her two mornings a week (6 hours), a total of £60. She had previously worked a 40 hour week.
I really don't know where to begin with the questions I have :mad: I feel her father is taking advantage of the family link, and my partner is playing into his hands as she does not want to rock the boat, so to speak. Neither of us have ever claimed any benefits of any kind before and have no idea what is best for us. Can she be forced to take this hours/salary cut by the business? Would it be better financially for us if she were to be made redundant?
My job is currently under threat of redundancy and we've gone from being a relatively comfortable two income family to potentially a no income family within a few weeks. The stress of the situation is making our relationship really strained and money is the key issue. Any help or advice would be hugely appreciated.
Sorry for the rant
My partner and I have recently had twin boys - they are now 21 weeks old. I'm full time employed (37 hours a week, £38k per annum), and prior to the birth my partner was a Director in a business earning £15600 net per annum (split is £600 a month in salary, the rest in dividends, the business sorts out the tax and NIC). There was an arrangement in place that after the birth, my partner would nominally work from home until such time as she returned to work full time, rather than go on maternity leave and take a salary cut. In the end it all became a bit too much and she started statutory maternity leave (thankfully) from the date of the birth and is currently still receiving this.
Unfortunately things after the birth got a little too much for my partner and she resigned as a director of the business (the business is a small family business with her father at the helm) as she felt she could not influence the business due to the nature of the other two directors and did not like where they were taking the business. She became an employee on the same salary, £15600 net.
A few weeks ago my partner broached the subject of coming back to work with her father, to be told by him that the business could no longer continue to employ her full time if she returned to work. She has been told they can pay her two mornings a week (6 hours), a total of £60. She had previously worked a 40 hour week.
I really don't know where to begin with the questions I have :mad: I feel her father is taking advantage of the family link, and my partner is playing into his hands as she does not want to rock the boat, so to speak. Neither of us have ever claimed any benefits of any kind before and have no idea what is best for us. Can she be forced to take this hours/salary cut by the business? Would it be better financially for us if she were to be made redundant?
My job is currently under threat of redundancy and we've gone from being a relatively comfortable two income family to potentially a no income family within a few weeks. The stress of the situation is making our relationship really strained and money is the key issue. Any help or advice would be hugely appreciated.
Sorry for the rant
0
Comments
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We have found the best advice re this sort of question is from ACAS . They will be able to advise you what you partners rights are-ie when she resigned did she effectively end her previous contract so that her rights are curtailed. I really hope you get some good news-I find it hard to believe that her dad could be so callous!
ps I do hope ypu are claiming child taxc credits!Tomorrow is always fresh, with no mistakes in it!0 -
Thanks for the post Suzi - we are not currently claiming tax credits as it was one of the million things to do that passed us by, but I have the form in front of me now to be completed and posted tomorrow 0
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