Cleaner and maternity leave

bthere79

Hi all,
This is probably not the right place but I need some advice, I’d really appreciate if you could help or point me in the right direction.
A few years ago a neighbour recommend a cleaning agency, they had a website, an internet domain and everything, they looked quite legit. So I arranged for a cleaner then over the years there was some turnover, this is probably the fourth cleaner they’ve sent. I have no complaints over the service provided, my cleaner is diligent, trustworthy and… pregnant.
So yesterday I text her to ask her when her last day is and she very casually says she’s due in about a month but that she will still be coming as it’s only once a fortnight. So I go… really? She says yes “this agency doesn’t pay for maternity leave” so she’ll still be working throughout. I ask her if she knows she has the right to paid maternity leave and she says yes but it’s alright she doesn’t mind, everything is alright.
So I also google the name of the agency and the website is gone, the domain is no longer registered, looks like they’ve gone fully underground and that’s why they can just deny their employees their statutory rights. I’m sure it’s not my cleaner who’s ‘gone independent’ as the agency contact is still ‘coordinating’ her schedule.

So now I feel this is just wrong but I have no idea what to do. My cleaner is lovely and she clearly is in a vulnerable position so I would want her to be affected by whatever action I take. Should I report this ‘agency’? What if she ends up with no job and a baby to look after. I thought I might give her ‘my’ maternity leave, i.e. give her two/three months’ pay asking her not to turn up for the next two/three months or something like that. But that still doesn’t change the main issue. I’m not sure if maybe she doesn’t have the right papers to stay in the country and that’s why she’s afraid to do anything about her situation.

What is the right thing to do? Anyone who would have found themselves in a similar situation? Any advice is very welcome.
Thanks

Bantex_2

You could pay here to not do your cleaning for a few months.

Acc72

Is your cleaner an employee of the agency or (more likely) self employed ?


If self employed she will be able to claim SMP of about £138 / week.

whitewing

Might she get tax credits when baby is born, and child benefit? She may be choosing to work anyway.

bthere79

thanks for the responses, i don't think she's legally employed, that was my point i guess

lazer

blondebubbles wrote: »

Self employed cannot claim SMP.

OP not everyone has the right to paid maternity leave.

It would first depend on their employment status. If employed then it depends on a variety of things like how long she has worked for the employer, how much she earns per week etc.

But they can get Maternity allowance which is the same amount I believe

lazer

bthere79 wrote: »

thanks for the responses, i don't think she's legally employed, that was my point i guess

I would guess she is self employed too - but if she is and has not submitted tax returns etc, then Maternity pay is the least of her worries!

ukpete79

if she is self employed, but has not submitted tax returns, then it stands to reason, that she also has not been paying any tax?

tea_lover

So you thought the agency was legitimate based on the fact they had a website? Did you check their insurance, employment policies, etc?

If you think they're using illegal labour and not paying correctly why are you continuing to use them?

ukpete79

why not speak to your cleaner, and come up with a contract between you and her, avoid the hassle of an agency.

You will end up paying less per hour as the agency wont be taking a cut.

Your cleaner will be earning more per hour, so she will be chuffed.

bthere79

so to summarise, the options that have been suggested are

-ignore the whole situation, she's de facto self employed so it's her decision when/whether she wants to work or not

-stop 'using the agency' so basically fire her

-come up with a contract between me and her, again assuming she's self employed (even though I'm pretty sure she isn't)

anything else? should I report this 'agency'? would the CAB be able to give me advice you think?

thanks