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nanny /redundancy / pregnant.

(11 Posts)
mancsmum Sun 22-Dec-13 08:31:04

Hello, just looking for advice. - I had the unfortunate (and very badly timed) task of telling our nanny that we won't be using her from February onwards, all in writing and an end date stated. (this is our first nanny so unsure of procedure 100% but trying to get it right! ) - She took it ok, understandable that she was upset and so close to Christmas, I felt awful. But we simply cannot afford a nanny anymore.

But during this conversation she tells me she is pregnant. She had intended to tell me after her 12 week scan early January but wasn't sure if her pregnancy affected the ending of her contract etc.

aside from feeling even more awful about the situation. . What do I do now?

Surely as this is a genuine redundancy situation - you won't be replacing her? And you told her before you knew she was pregnant, so not dismissing due to pregancy? I'm sure that it makes no difference whether she is pregnant or not as your actions are a genuine redundancy and was decided without you knowing she was pregnant, therefore you can't be discriminating on grounds of pregnancy.

Yes it's lousy timing, but I'm not sure you've done anything wrong...

You ended the contract before you knew she was pregnant, so her pregnancy had nothing to do with the decision.
The only time, afaic, that pregnancy affects ending a contract is if your ending the contract DUE to pregnancy - which your not.

mancsmum Sun 22-Dec-13 08:51:42

Will I be responsible for maternity pay etc?

Also, please remember that now you know she is pregnant, you must do a risk assessment on her job as soon as possible. It is a legal requirement.

If she has been with you more than 2 years, she would be entitled to redundancy pay, 1 week for every completed year she has worked.

Do you pay her through a payroll company? They often offer employment advice as well.

rubyslippers Sun 22-Dec-13 08:53:31

You need to check you don't still need to pay her mat pay

If she's employed by you at her 15th week of pregnancy and she has worked for you for 26 continuous weeks she is entitled to mat leave even if her post is redundant

Please her advice from HMRC and Acas

Am in a similar situation and this is what we have been advised

You get 103% of stat mat pay BACK from HMRC

No, she has to be working for you at the point she goes on maternity leave for you to have to pay that.

She will be able to claim maternity allowance through the job centre if she has worked 26 weeks out of the 66 weeks prior to her starting mat leave.

It's the 15th week before baby due for the qualifying week, so 25 weeks pregnant. If she's having her 12 weeks scan in January, I would guess you won't have to pay her maternity pay.

I was advised you actually have to be employing her at the mat leave start date - that might be something to look into, but it sounds like you won't be employing her at 25 weeks pregnant, so possibly not an issue.

2plus1 Sun 22-Dec-13 09:44:34

You have given her ample redundancy notice in writing so stick with this as you had already decided this for financial reasons. Her pregnancy announcement has no bearing on your decision, yes unfortunate timing that is all. I know it feels awful but there is little you can do about the situation. She has to accept that money is tight for lots of us right now and that is a risk of being employed by a very small employer. She can get MA paid via the job centre as long as she meets the criteria. You wont be paying mat leave as she wont be in your employment during the qualifying period.

Cindy34 Sun 22-Dec-13 10:04:25

Maternity Pay Timeline (pdf)

At a guess I would say she is around week 30 now. Won't get MATB1 form for another 10 weeks or so.

The position is being made redundant, not the person. Though as there is only one person doing the job, selection of who is made redundant is obvious.

She should look at Maternity Allowance. You should look at how to make any necessary changes to the existing job between now and redundancy date, plus allow time to take annual leave that may have built up during time of employment.

If you are paying term time only split over 12 months or any other more complex payment calculation, then now you have a set date determine the pay for Jan and Feb.

LadyHarrietdeSpook Sun 22-Dec-13 15:16:41

A colleague (and friend) got made redundant before telling our company she was pregnant. Timing was shit; they paid her redundancy but no mat pay. Double check though, as I'm sure you would.

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