How do you make a nanny redundant?

or should i say they could take exception and if they decide to take it further, and if best practice/acas isnt followed, an ET would frown upon it

or something, its late!

it is if its related to pregnancy, and if best practice/acas guidance isnt followed to make the reason clear and fair, the employee might take exception to this, especially as OP didnt know she was pregnant until after the trial period, gave a perm contract (presumably), and made reference to the hours potentially just changing.

in this case op says its not pg related and i do believe her i just think op you didnt realise the responsibilities you would have. phone acas, not web browsing, get their advice on the process, they even have template letters to help. its not a long process, will be relatively painless and is fairly straightforward in your case. dont take a risky shortcut, do it right and fair and move on :)

Unfair dismissal not applicable if employment is less than 2 years.

As long as you don't employ another nanny, the risk is very very low.

ooooh just seen that she was made aware that the hours may change, not that its a definite the role would go

you really should follow the redundancy process just to cover your arse. its not as bad as youre thinking honestly

employers who do not follow 'best practice' in a redundancy situation can find themselves in an automatic unfair dismissal situation. unlikely in your case but the pregnancy does cloud things even if you are adamant thats not yhe reason. a tribunal would query why a perm contract was given for a start and this throws shade on the pregnancy not being the reason. tribjnals dont look favorably on employers who do not follow best practice. upshot is if i were you i would 1000000% follow the redundancy process just to cover my arse and avoid a discrimination payout.

phone acas, ask for the process from them, document the date/time/name of the advisor just as arsecovering. if she was aware that the role would end thrn it wont be that confrontational.

ill be accused of scaremongering but ive seen et's award losses for much less than this. shes pregnant, you have to do this right to cover yourself, esp as you gave her a perm contract.

lenght of service doesnt matter in redundancy it only factors in to redundancy pay, which she wont be entitled to

I think the OP is being unfairly attacked here. This is a valid question (notice or redundancy? I don't know the answer off the top of my head and I am a lawyer although this is not my area). It sounds like she has been open with the nanny and now there is a genuine change in circs beyond what was expected. Dealing with employment issues with someone who works in your home and cares for your child is hard.

It's your attitude, OP - we're not feeling the love.

Except they're not.

Blimey, if your this bad tempered and aggressive in RL she'll probably be relieved.

I have had to do this, no pregnancy involved. ACAS were helpful. Yes, you need to outline the change in circumstances and you need to do this in person. You need to confirm it in writing and you need to give her the chance to have someone with her.

She must know this is coming but she may be upset / annoyed but it will be OK. My nanny did forgive me in the end and we are still friends.

You can't avoid talking to her about this even if you were to start by sending her a letter - she works in your home!

As you would have been changing her contract if you'd kept her on for after school, I doubt you'd've retained the flexibility you mention anyway.

When would you like her to stop work vs the start date of her maternity? Whilst there is no obligation to pay redundancy, just her notice, you may wish to pay a little extra if you'd like to stay friendly.

Be aware you will need to pay for any holiday that would be accrued by the end of her notice period, if she doesn't choose to take the holiday in that period, which I doubt she will, given circumstances.

OP - can't you get your PA to do the consultation? I loathe dealing directly with the hired help so try to outsource it as much as I can.

You have to pay her for her notice period, OP. What were you planning to do, ghost her? Is your husband or partner a bit more human and can handle the face-to-face stuff?

Bollocks is this real, no way would someone actually treat an employee this appallingly!

Dear god! You sound a real peach, OP.

You sound like a lovely person. Employing your nanny on a permanent basis 'to retain the flexibility of keeping her' and now making her redundant. She must be a minimum of six months pregnant, so very unlikely for your nanny to find a new position.

It's not confrontation, you're informing her the situation is changing. She's losing her job, she is likely to be upset.

www.nannypaye.co.uk/wp-content/uploads/2015/11/RedundancyPay.pdf

Redundancy pay applies once an employee has been in your service for 2 years. If the job ends due to no longer being available, then it is still redundancy, there is just no compulsory redundancy pay.

You are not sacking your nanny, they are not losing their job due to any fault of theirs. It is still called redundancy as the job is redundant - it no longer exists.

Here on the gov.uk site

www.gov.uk/calculate-your-redundancy-pay

To quote You only qualify for statutory redundancy pay if you’ve worked for your employer for at least 2 years .

You are still making her redundant despite the fact that she has been with you less than two years. As she has only been in the job six months she doesn't qualify for redundancy pay. Which means you should follow the steps outlined by nannynick

I got that from the ACAS website.