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Making someone redundant

(7 Posts)
Iforgotthelaw Tue 08-Sep-09 20:59:39

Have namechanged for this because I haven't yet discussed this with the person in question...
I am starting maternity leave pretty soon and have reluctantly concluded that we can't afford to keep our nanny on while I am not working.  It's not ideal, but circumstances have changed.

I think - but can't remember for sure - that I no longer need to follow the statutory procedures in the case of redundancy.  But what do I need to do to make the dismissal fair?  What steps should I follow?Many thanks.

Ewemoo Tue 08-Sep-09 21:53:12

As far as I am aware, you do still need to follow the statutory procedures although it does depend how long she has worked for you. I think the acas website gives information on this. Hth

Millarkie Tue 08-Sep-09 22:05:03

How long has she worked for you? I seem to remember that it has to be over 2 years for redundancy. Since the job will no longer exist (i.e. you are not replacing her with another nanny) there should be no problem. You will need to pay her redundancy pay if she's eligible and her notice and any annual leave she has due.

Iforgotthelaw Tue 08-Sep-09 22:11:56

That's the thing - I read somewhere that the old stat procedures had been revoked and replaced by this ACAS code but that confusingly says it does not apply to redundancies. The ACAS/BERR websites both focus on collective redundancies.
Most confusing.
Perhaps I will just follow the old procedures to be on the safe side, but it would just be so much easier if I didn't need to. When there is only one employee and you can't afford to keep them the idea of consultation is a tad ridiculous!

Iforgotthelaw Tue 08-Sep-09 22:15:06

Thanks Millarkie, but the old procedures applied (or maybe apply?) after only one year's service. It's the right to stat red pay that arises after 2 years (we are just shy of that). I just don't want to get hit for unfair dismissal -purely on a procedural basis- on top!

Millarkie Tue 08-Sep-09 22:28:31

I thought consultation only applied if a certain number of employees are being considered for redundancy (am going through this at the moment so I ought to know). I really can't see how you can get sued for unfair dismissal when the post (out of necessity) no longer exists!

Iforgotthelaw Tue 08-Sep-09 22:30:50

I know, it seems ridiculous, but I have this nigglesome feeling that even when it is less than 20 you are still meant to consult, although how meaningful that can be in the circumstances I do not know!

Oh well, maybe I will just have a chat with her tomorrow and see how she reacts...

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