A worker was entitled to statutory maternity pay from a small firm of solicitors where she worked.
The two issues in dispute were:
- whether she gave notice to her employers as required by Social Security Contributions and Benefits Act 1992 s164, and
- whether a period of work experience placement counted as a period of employment.
A notice does not have to be in the form of document MAT B1 (though it usually is). It does not even have to be in writing. There was a conflict of evidence, but the tribunal found that it was more likely than not that she had given notice.
During the period of work placement, she received remuneration. Her work was not shadowing someone else, but doing some office work. It therefore counted towards her notice period.
Accordingly, she was entitled to statutory maternity pay.
The case report can be downloaded from here.
Paul Brook Solicitors. [2018] TC 6396 [18.03]