I'm hoping one of the employment law experts will see this and can help me...
Our nanny is currently on maternity leave. However, when DD2 started school in Sept last year her position became redundant. This is because she worked full day but we only need someone after school now the DDs are at school. (We have a temporary nanny on a fixed term contract at the moment.)
I have to talk to her fairly soon about what she wants to do going forward. I understand that we have to offer her the new after school nanny position and that's fine.
But what is our nanny's current status? I have not formally made her redundant, so I guess she is still an employee?
If she is an employee, am I right that we offer her the new job and then:
- she accepts, her job continues (albeit on new terms) and her years of continuous service continue or
- she rejects, her employment terminates and we pay her redundancy pay.
Basically, I have no desire to screw her over or do anthing wrong. I just want to know what her status is right now and what happens if she does/doesn't accept the new position so I can answer questions like whether she is accruing leave etc.
Thanks for your help!