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Original poster

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:
Original poster
bossykate · 04/02/2008 14:32

actually, you're right if you have a serious employment law question - you should see/speak to a specialist! i thought i would be running minimal risk (and i genuinely think being fair to my nanny) by not doing full on procedure, but just thought i would check it out here on mumsnet!

thanks also to you birdyarms for your post - i'm lucky i'm not working so it will not be a major hassle for me if he decides to jack it in. good luck

OP posts:
flowerybeanbag · 04/02/2008 14:29

It wasn't nannypaye I found the scary inaccuracies on. If they are good at the payroll stuff stick with them, I'd just be inclined not to rely on them or any of these companies for employment law stuff. You can check stuff like that out yourself if you have the time. Or come on here

Original poster
bossykate · 04/02/2008 14:26

i'm using nannypaye. when i next get a nanny should i use someone else? yikes they are vg on the payroll stuff!

OP posts:
flowerybeanbag · 04/02/2008 14:22

Oh, and FWIW, I don't know what payroll company you are using, but I am looking for a nanny myself and have ruled out one of the big nanny payroll companies because of worryingly inaccurate and out of date employment law advice they have on their website for parents to access...

BirdyArms · 04/02/2008 14:21

I made my nanny redundant 2 weeks ago. I just told her verbally when I got home one evening although you are making me think I should put it in writing too. She would think I'd lost the plot if I'd followed the steps your payroll people recommend!

Like you I have had her for less than an year so no redundancy pay. I had agreed six weeks notice with mine and the sixth week we are going to be on holiday so she will get 6 weeks pay for 5 weeks work which should give her an incentive to stay. Otherwise I would have worked out some sort of bonus as i would be really stuck if she didn't cover my own notice period. I was worried about this because she was quite happy to leave her previous employer in the lurch to start with me - I didn't let her and had my in-laws look after the dc for a week instead, but she would have left them without a second thought.

flowerybeanbag · 04/02/2008 14:21

I honestly can't see what claim he could have with less than a year - you don't need to say it's redundancy anyway, you can just let him go.

Leaving that aside, I think it's ok to look at the individual situation, and, as long as you aren't breaking the law, decide what procedure, if any, is appropriate. I would imagine if you hvae a good relationship with him, a conversation explaining the situation, reassuring him you will do all you can to help him find something suitable (including days off for interviews or whatever if poss) and will give him a stunningly good reference will go down better with him than a procedure which will seem ridiculous and pointless to both of you.

Original poster
bossykate · 04/02/2008 14:17

thanks fbb. don't get me wrong, having been made redundant myself, i think it's important there's a proper procedure...

but that did seem way ott for the situation...

my payroll co did tell me that if i didn't follow those steps, he would potentially have a claim against me for not following procedure. i can't imagine he'd bring action and i don't think i would be being unfair to him if i didn't go through that rigmarole.

OP posts:
flowerybeanbag · 04/02/2008 14:15

Haven't ever made a nanny redundant, but with less than a year service I wouldn't go through all that palaver, you don't have to, they are talking rubbish. You don't even have to give a reason for dismissal at this stage.

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