Vicky has been working as a server at Hairy Jakes Pancake Hut in Kew for the last 3.5years. She has never received a written contract of employment.

Vicky is a mum of two children aged 3 and 5. During the week, she takes care of her household and her children. She works from 6pm until closing time on Friday and Saturday evenings, when the restaurant is at its busiest. While she has on occasion missed a shiftnormally when one of her children was illshe generally works every weekend. Her manager at Hairy Jakes Pancake Hut assumes that she will work, unless she phones in to let her know that she cannot make it. Last year, Vicky and her family took a camping trip one weekend. She just informed her manager that she would not be available that weekend, but she did not need to put in a formal leave request. She did not get paid for the weekend she was away. No formal records of leave are kept for Vicky. Her hourly wage carries a 25% loading.

When Vicky had her youngest child, she was absent from work for six weeks. She was already pregnant when she took up the job and her manager had agreed beforehand to grant her this period of leave during her confinement. Vicky has just learned that she is pregnant again. She would prefer to take leave from work for a longer period this time, but is concerned that she would lose her job. She enjoys the flexibility of working at Hairy Jakes Pancake Hut and her family needs the additional income.

You work at Hairy Jakes Pancake Huts head office in People & Culture. The Kew branch falls under your portfolio. Vicky phones you to inquire whether she would qualify for parental leave. Advise Vicky about her legal position.