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Original poster

If one makes his/her nanny redundant...

55 replies

Strix · 24/05/2010 13:32

How long would he/she have to wait to hire another nanny and not offer the one made redundant the new nanny position?

I am posting this thread on behalf of a friend, so if anyone here knows my nanny please don't alert her to a thread which is actually not about her.

Friend in question has two children but is planning another. So, if she makes this one redundant and hires an au pair, but then needs a full time nanny again in say another 6 or 12 months, will she have to offer the position to the old nanny?

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Original poster
Strix · 24/05/2010 14:22

But, 2 months sounds like a very short time. Is it possible your friend was successful because it was within some time limit?

I'm sure there would be overlap. I'm just assuming that there are things one might ask an au pair to do which would probably not be appropriate for a nanny - say the whole families laundry.

But, from what you are saying it sounds like current nanny should just be offered the job of au pair... including the change of job title from nanny to au pair.

But, I'm still a bit confused because I don't believe that a nanny and an au pair are the same thing. I'm having trouble accepting this.

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frakkit · 24/05/2010 14:14

Well that's what I always thought it was, until someone (I think flowery) told me otherwise.

In your friend's situation the hours/duties thing would be a sticking point as it was with my friend. She was a personal secretary, went on ML, got made redundant then the company hired an executive assistant with the same job description, hours and pay 2 months later. She took them to a tribunal and won. The nanny/au pair situation would, I feel, be very similar. To make nanny redundant you'd need to prove the job had changed substantially - so much so it wouldn't be suitable/they'd have no interest in it. From what you've said it sounds like the job isn't changing (just the pay?!). I am extrapolating though, so am willing to be corrected.

The issue is it's not a genuine redundancy - there's still a need for a live-in childcarer.

Original poster
Strix · 24/05/2010 14:03

Are you sure? I thought there was a rule that said something like if you make your nanny (or presumably any employeee) redundant you cannot then hire another person to do the same job within x months/years without first offering the position to the original nanny (employee) first.

But I can't remember what x is. Or maybe I'm wrong about the whole thing and that is why I couldn't find the answer via my friend google.

The situation is that friend would let live-in nanny go, hire an au pair, let au pair go at point of maternity leave. And then after maternity leave there would be a live-in nanny job again.

Au pairs's duties would differ somewhat from nanny duties, but not hugely.

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frakkit · 24/05/2010 13:53

I don't think there's a clear cut answer.

I always thought it was 3 months because I had a friend who was made redundant but got her job back because her employer had hired someone else to do essentially the same job with a different name but it was pointed out to me on a recent thread that there were probably other factors at play there.

In this case I think it depends whether it's the role of childcarer that's actually redundant, whether it's a live out childcarer to live in (in which case you'd need to prove that living in was a job requirement) or whether there's a severe reduction in hours making a full time nanny redundant. In any circumstance it's better to offer the changed job to the nanny and allow them to reject it that make them redundant outright but continue to have childcare.

blouseenthusiast · 24/05/2010 13:45

No. If first nanny is genuinely redundant, she should be paid a redundancy payment (assuming she has two years' service) and that's it.