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Original poster

How do you make a nanny redundant?

60 replies

AgentJ · 16/08/2016 17:48

Just that really - we will no longer be requiring the services of a nanny so we need to make our current employer redundant. How do we go about this - do we just write explaining the above and giving the appropriate notice?

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nannynick · 17/08/2016 14:20

m.acas.org.uk/index.aspx?articleid=1611

nannynick · 17/08/2016 14:19

ACAS has info on redundancy.
Maternity Action also has useful information about making someone who is pregnant redundant.

Simply give notice that the role of nanny is to end on x date. A letter stating that the role is redundant would be useful for her to then claim benefits via JobCentrePlus.

If you want to err on the side of caution due to the pregnancy, follow redundancy procedure of having a meeting and telling her that the position is likely to be redundant due to childcare needs changing. Then confirm their selection for redundancy by letter. It is just procedure but by following it, if any case was brought for wrongful dismissal you can show that you have followed procedure.

Tell the payroll provider your nanny's last working day and details of what holiday your nanny is owed/overtaken. They will then produce the final payslip and p45, and close your PAYE account with HMRC so that your tax bill for JulyAugSept is your last (assuming nannies last day is before end of September).

Notice period to give is as per the contractual agreement, probably a calendar month.

Original poster
AgentJ · 17/08/2016 13:49

Because, snot we wanted to retain the flexibility of keeping her on if we wished without negotiating her possibly looking for further positions etc.

Thank you for clarification about redundancy eligibility, is there a link that confirms the 2 year eligibility at all please?

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confusedandemployed · 17/08/2016 13:46

What Haffdonga just said. You really really can just give her notice. And y y to referring to previous conversations about length of service requirement.

SnotGoblin · 17/08/2016 13:45

If the plan was always going to change, why didnt you just hire her on a six month contract? Maybe too late to wonder about that now.

Haffdonga · 17/08/2016 13:44

The main point is though she is not eligile for redundancy because she hasn't worked for you for two years.

Forget redundancy. Just give her her notice as per the notice period specified in her contract.

MovingOnUpMovingOnOut · 17/08/2016 13:43

Yes absolutely just give her notice. The reason is because the role is redundant due to .

MovingOnUpMovingOnOut · 17/08/2016 13:40

If she knew about the change I would refer to it "as previously discussed it was always our intention to send X to blah-preschool. This has also coincided with ABC change to my work which means we no longer require the services of a nanny".

You are not employing a new nanny but as she is pregnant best to be explicit about the reasons her role no longer exists.

Be honest, be firm but also be kind. Thank her for her work and to give her a reference (unless she's been bloody awful in which case that's a different matter).

Original poster
AgentJ · 17/08/2016 13:39

I'm worried I can't 'just give her notice' though. Is it even something you can do?

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Original poster
AgentJ · 17/08/2016 13:38

I've read the gov.uk stuff and find it completely irrelevant to employing a single person and hard to relate.

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confusedandemployed · 17/08/2016 13:37

Just give her notice then. I didn't realise she was already pregnant when she started...

Original poster
AgentJ · 17/08/2016 13:35

Yes, she was pregnant when she started and informed us right after her trial month ended. Fine, her prerogative, I'd have done the same.

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Haffdonga · 17/08/2016 13:35

Read this

www.gov.uk/staff-redundant/overview

Original poster
AgentJ · 17/08/2016 13:34

Yes, she has always known about us moving to use preschool, this has never been hidden. Previously we had spoken about possibly moving to before/after school hours however we no longer need this cover due to a (genuine, obviously I have to clarify this) change in our family arrangements. So, we no longer have a position available once the youngest begins preschool. The timing is coincidence not intention.

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Haffdonga · 17/08/2016 13:34

She hasn't worked for you long enough to be eligible for redundancy. You don't have to inform her she's 'at risk'. There is only a compulsory consultancy period when employers are making over twenty employees redundant.

Just let her know you no longer want to employ her and pay her her notice.

confusedandemployed · 17/08/2016 13:33

If you're absolutely not going to replace her then I'd just give her notice, on reflection. It's just a consideration, now she's pregnant, that if she wants to be awkward she might play the discrimination card, rightly or wrongly.

Original poster
AgentJ · 17/08/2016 13:33

Thanks. What is this 'consultation' we need to do, I don't really understand it? We just tell her we 'might' not need her any more, then confirm this in writing?

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MovingOnUpMovingOnOut · 17/08/2016 13:33

Missed the bit about maternity.

You say the plan was always to change to the new childcare arrangement. Did the nanny know this too? How was it communicated?

Also, when did she tell you she was pregnant? Was she pregnant when she started the role?

confusedandemployed · 17/08/2016 13:30

But didn't you say she's been with you for 6 months already? Confused

Original poster
AgentJ · 17/08/2016 13:30

FFS. Her pregnancy is irrelevant to this change in childcare needs. Our youngest child has hit the age at which they can attend the preschool we want them to attend and also qualifies for funded hours. This, funnily enough, would have happened regardless.

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MovingOnUpMovingOnOut · 17/08/2016 13:29

If she's only been with you 6 months just give her notice. She is not entitled to redundancy pay. You don't even have to give a reason because she can only claim unfair dismissal if there was discrimination or she was dismissed for exercising a statutory right - but I would be honest and say that her position is redundant because you will no longer be employing a nanny and will instead be using preschool and breakfast club due to a change in personal circumstances.

Sit her down, tell her nicely yet firmly what will happen and when. At the end give her a letter outlining the notice period and last day of work. If she has any untaken but accrued holiday you will need to pay that with her final pay. If she has taken more holiday, than entitled to, you will need to outline how much and that it will be deducted from her final pay.

I would add what arrangements you will make for providing a reference too.

confusedandemployed · 17/08/2016 13:28

I would err on the side of caution, and follow the redundancy procedure set out: notice of at-risk, consultation etc before dismissal.

Is she your first nanny?

Original poster
AgentJ · 17/08/2016 13:28

No, it isn't. She does not legally qualify for SMP, though she of course does for OML and AML. She is instead eligible for Maternity Allowance.

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timeisnotaline · 17/08/2016 13:28

It's hard to tell if you genuinely don't need a nanny or if you really don't like this (pregnant) woman and have rearranged everything so you can get rid of her. Which is your prerogative , but still...

confusedandemployed · 17/08/2016 13:27

Sorry missed the bit about her pregnancy. That complicates thints a bit
Had she not been pregnant you could have just given her notice. Because she is, it could smack of discrimination. Incidentally that's plenty long enough service to get SMP.