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Original poster

Help - made my Nanny Redundant

30 replies

kitkat1967 · 25/05/2010 19:11

Hi, I used to have an after-school nanny for my 2 children but when one moved to a different school and did not require care I decided that I no longer required a nanny. Unfortunately my nanny was on maternity leave at time so I left it a while before formally issuing her redundancy notice.
Now generally my mum or I pick up the remaining DC with occasional help from a teenage neighbour. As it happens my mum is now undergoing treatment for breast cancer so I am having more help then I expected but have not employed another nanny (it is just for a couple of weeks).
My problem is I now have had a formal letter from previous nanny saying she believes I have employed someone else and to reply in writing etc. as to why I terminated her contract so she would not have a job to return to when her maternity leave finished.
So my question is - she was employed as a nanny to my 2 children and now 1 is clearly not there. I do not need a nanny, I need occassional help with 1 DC but not on a regular basis but I do I have to justify this to her?
BTW she did not qualify for redundancy pay as she was not with us for 2 years but I did pay all the outstanding holiday etc.
I just don't want a long drawn out discussion about this as it is I want to move on.
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Original poster
kitkat1967 · 25/05/2010 19:50

Thanks all, what a nightmare. Well the position has not existed since September last year but I didn't send the letter until Feb as wanted to make sure she had all her maternity pay etc.
No contract with anyone else - totally ad-hoc just when I can't get home from work in time and now as my mum can't drive for 3 or 4 weeks.

And thank you very much for your concern - my mum should be fine - this is very early treatment and hopefully just a blip .

BTW - I will not be every planning to use a nanny ever again as both DCs will soon be at a school with extended hours so the role will not be returning. I'm just having to wait for one of the places. The nanny does know all of this as we explained what our plans were.

OP posts:
bran · 25/05/2010 19:39

How long has it been between making the nanny redundant and your mother starting treatment? (I hope it goes well for her btw.) You couldn't have known that your mum would fall ill so the nanny was made redundant in the belief that her role was actually redundant.

Do you have any sort of contract of employment with the neighbouring teenager? If you do then you may be in a weak position, but if not I'm not sure what she could prove. How regular are the teenager's hours?

I think it would be worthwhile paying for an employment law specialist to send her a reply stating why she has no case. It may be that you are obliged to give her first refusal everytime you need a short-notice, casual baby-sitter but that doesn't seem logical to me.

frakkit · 25/05/2010 19:29

I would take legal advice. The ML is a v complicating factor...

I thnk, but please check, that if you had reasonable belief at the time that she was no longer needed and no intention to re-employ a nanny then you're okay.

I also think there's a time limit on her bringing aclaim but the ML, as I said, complicates things.

JennyPenny23 · 25/05/2010 19:23

Are you paying the teenage neighbour? I THINK (please don't take my word for it, its just what I have seen on here). that if there are any opening vacancies (so even if it is just a few hours here and there) they need to be offered the job or something?

Sorry I know thats not very helpful, but didn't want to read and run!

Jaybird37 · 25/05/2010 19:18

I would probably post this in the legal thread.

I hate to say this, but employment law is very complicated and all to do with procedure and being seen to be fair.

I think you need proper legal advice. You may have legal expenses insurance on your house/ car / credit card policy without realising it. Alternatively, if you are a member of Which, their legal advice line is good.

So sorry about your Mum by the way; I hope she is OK and feeling better soon.