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Need to make nanny redundant - if you have done this did you go through all the procedural steps as required by the letter of the law?

33 replies

bossykate · 04/02/2008 14:10

hello everyone

i have stopped working and will therefore need to let my nanny go. he has been with me less than a year, so is not entitled to redundancy pay etc etc.

however, i have just been informed by my payroll company that there are a number of steps i should follow:

  • request a meeting in writing to which he should be entitled to bring another person
  • at meeting discuss possibility that job may be made redundant
  • convene another meeting after an unspecified period of time to confirm that job is being made redundant and confirm leaving date.

now i am all for workers' rights and i'm sure this makes sense in corporations where there may be the chance of another job in the company...

but that simply doesn't apply here. i'm tempted just to give him contractual notice, a fantastic reference and do all in my power to help him find something else (he is very good).

has anyone else made a nanny redundant and if so did you follow all the procedural steps?

TIA

oh and btw i have assumed he will work his notice - is that a really bad idea?

OP posts:
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flowerybeanbag · 04/02/2008 22:27

fridayschild I've literally just been on their website to have a look, and just a weeny short ad was £100, once I'd condensed it to absolute minimum was £48.

So I think I'm going to umm and ahh a bit longer before doing that and have a chat with the agencies in the meantime - at least with an agency you only pay if they find you someone!

fridayschild · 04/02/2008 22:21

FWIW I found the Lady expensive and got no decent applicants. Maybe inner city London was not the location for Lady candidates.... If you are short of time maybe you should do that simultaneously with the agencies?

princessmel · 04/02/2008 20:59

No, its just a feeling.
His dad works from home (when he's not abroad) and I just think they'll say that he'll be ok to walk home. He has 2 elder brothers.

They might not.
I cook his meals and his best friend lives 4 doors up from me.

TBh it will be a bit harder for me then as he will finish school later so will need a separate pick up after we have been home for only half an hour. And the best friends mum will not be able to help with lifts as her ds will be going to a different secondary school. But we'll see.

flowerybeanbag · 04/02/2008 20:58

I'm hoping for someone to start mid-late March-ish.
The Lady might be an idea, I'll look into that, thanks.

nannynick I do need a bit of flexibility, I'm working from home but need to go out and meet clients sometimes, and obviously I would ideally like to be able to at least offer them some flexibility when it comes to my availability. My plan was to have most of the hours fixed, with a few flexible if that makes sense.

SueW · 04/02/2008 20:55

This reply has been withdrawn

This has been withdrawn by MNHQ at OP's request.

nannynick · 04/02/2008 20:51

ffb - if you are who I think you are... then could you not fix the hours and days, rather than having them flexible? Then with luck you may find an applicant who is happy with those hours, but who also may be open to working more hours as and when needed. Just a suggestion.

princessmel · 04/02/2008 20:42

Oh yes, the lady is a good idea.

eleusis · 04/02/2008 20:40

FLoerybeanbag, have you tried putting an ad in The Lady?

I just hired a nanny and had a tougher than usual time. I settled for someone who can only stay until SEptember because I got fed up with the search and decided to take a gamble that it will be easier to hire a nanny in September than it is in Jan./Feb.

When do you need the nanny to start?

flowerybeanbag · 04/02/2008 20:25

Might have to I reckon...

nannynick · 04/02/2008 20:23

Alas that is probably your next step, unless you want to pay an agency to shift through the applicants instead. Maybe worth having initial discussions with a couple of agencies in the area, just to establish if they have nannies on their books looking for the kind of job you are offering.

flowerybeanbag · 04/02/2008 20:12

Cambridgeshire. I've no idea whether it's the location tbh. Probably is, as I am not getting v many applicants at all, not even rubbish ones!

You did suggest putting an ad in the local paper which I am considering doing, but based on experience of advertising in local papers for other posts (for work), I was hoping to get away without doing that in anticipation of a flood of unsuitables and no administrator to deal with them all for me .

nannynick · 04/02/2008 20:08

fbb - sorry to hear your hunt for a nanny isn't going well. Where are you located... is location part of the issue, as in some areas there is not a great demand for nannies. Or are you finding that you are getting applicants - but just not suitable ones!

flowerybeanbag · 04/02/2008 20:00

bk my search is going BADLY

I have advertised on nannyjob and gumtree (bumped a million times) with v little success. No one wants to work for me and look after DS. He is getting very put out.

I have had one girl v keen but no experience or qualifications, one woman who didn't seem convinced she was that interested in working with children , one who seemed fantastic but announced as we were organising an interview that she was only interested if she could bring her son to work which I cannot accommodate. And a couple of enquiries who have disappeared when I answered their questions.

I was resisting using agencies but I may have to...

princessmel · 04/02/2008 19:53

Cool car Nick

princessmel · 04/02/2008 19:51

I'm very dedicated!!!

Its just gone on and on. I was supposed to work till he was 5 and just never stopped. I only do after school and all day in the holidays now. And I don't look after his brothers anymore as they are 18 and 16. They were 7 and 5 when I started.

I don't think I'll get loads as I'm not on full time money anymore.

If they don't mention it , I will.

bossykate · 04/02/2008 19:49

fbb, how is your search going then?

OP posts:
nannynick · 04/02/2008 19:48

princessmel - 11 years is a very long time in nannying terms. I feel you are entitled to redundancy payment... but if you get it or not is another matter, as parents don't always think about it. Having nannied for the family for 11 years, your entitlement could be over £3000. Try This to calculate your redundancy pay entitlement.

flowerybeanbag · 04/02/2008 19:46

That's amazing. So amazing that I just checked your profile to see if you lived near me and wanted to be my nanny. Sadly, you don't

princessmel · 04/02/2008 19:42

Thanks flowerybeanbag. I know, 11 years is a long time.

nannynick · 04/02/2008 18:58

With just 1 employee, who has been with you for under a year... I wouldn't bother following the redundancy procedure - ACAS: Redundancy

The Disciplinary and Procedures booklet says
"A failure to follow any part of this Code does not, in itself, make a person or organisation liable to proceedings. However, employment tribunals will take the Code into account when considering relevant cases."
So in the worse case scenario, if it went to tribunal, then they may take it into account - but as there is just one employee, I would expect a tribunal would be happy if you had just had a quick chat at some point. (Note: I am not an employment lawyer, so seek legal advise if you really feel it is necessary.)

What I would do is:
One evening, have a quick chat with him letting him know that you are no longer working and thus you are considering what to do about childcare and that it is possible that you will not be requiring him much longer.
The next day, let him know that you have made a decision and that you will not require his services from x date. Sweeten it with letting him know about when his last pay date will be, that you will write him a fantastic reference plus provide verbal references upon request.
I would suggest that you add some kind of bonus especially as you are wanting him to work the notice period - as he may need to spend a week or more looking for jobs, which he may not be able to do during the notice period. If you can afford to add say a week's pay - I'm sure he will appreciate it.

flowerybeanbag · 04/02/2008 17:29

Oh you mean you sound mercenary asking about if you will get any money? After 11 years not at all mercenary!

flowerybeanbag · 04/02/2008 17:28

What sounded mercenary?

Yes you will get some money, see here about the procedure and here about the money.

princessmel · 04/02/2008 17:24

Thats sounded mercenary(sp)! Just wondered if anyone knew anything about my situation.

princessmel · 04/02/2008 17:22

I have worked for a family for 11 years. The child is due to start secondary school soon and I think they'll make me redundant.

Will I get any money?

flowerybeanbag · 04/02/2008 14:34

Trust your instincts - as birdyarms says, he'll probably think you have gone a bit loopy if you do what your payroll company says!