How to give notice to nanny of 15 months and what to do about a reference?

[FrozenNorth]

For a lot of reasons we're giving our nanny notice in a couple of weeks. We specified 12 weeks notice in the contract so we hope she'll have ample time to find something else.

I'm terrified to give her notice as I hate upsetting people (v childish of me, I know) and I also worry that she'll stop trying in her job / take it out on my DDs. We've not been a good fit from the very beginning although with some restraint on my part things have remained civil. I feel like we have been taken advantage of (see past threads ad infinitum) and want to move to a more business-like model of childcare (nursery).

So, firstly, other than honouring our contract notice period, what do I need to make sure of to be on the right side of employment law? I want her to work the notice period but she has outstanding holiday so which of us determines whether she takes holiday as part of the notice period OR gets paid extra for it at the end? I assume we need to give her notice in writing and to keep a copy for ourselves?

Secondly, I really don't want to give her a glowing reference but can see myself promising one just to keep her sweet. Is there any way round this - could I say that we're happy to be contacted but not provide one for her to hand round so to speak? I do not intend to be petty but do intend to be honest (she was lovely to DDs but has put us off employing another nanny again).

Ugh. It's been a fairly challenging time and I feel like it's going to get worse before it gets better. Sorry for blethering on!

Are you making her redundant or sacking her? I think if sacking you need to follow the disciplinary procedure.

Erm, am complete idiot but what is the difference? I thought redundancy pay kicked in after two years?

See, this is why I need help! I assume we're making her redundant as we don't need her professional services anymore.

I have been given notice in most of my nanny jobs and always for different reasons but the outcome was the same. I was given a letter stating when my finish date was. I was never paid redundancy, never expected too and I am not sure it was law then.

If you think a nanny is the way to go don't give up because this one hasn't been great and next time be more fussy.

Sorry, just seen you're moving to nursery! If you make her redundant then the job doesn't exist anymore - you can't replace her with another nanny. Changing to nursery is fine and you're right about no pay under 2 years.

What does you contract say exactly?

Redundancy payoffs are after 2 years. It's perfectly fine to say you're giving her notice as you want your DDs to go to a nursery. That's redundancy and termination because the role is redundant can happen at any time.

If your unhappy with the level of care or her professionalism, making it the principle reason you are letting her go and intend to say so in a reference, you need to handle it differently following the disciplinary procedure in your contract. You cannot mention in a reference anything which was not addressed with the employee during their time with you (ideally backed up by a paper trail). You can relay hard facts - she had x sick days, she was often late - but you can't comment on her attitude, unless you spoke to her about it and said you were unhappy IYSWIM.

I feel you should provide a very basic written reference confirming length of service, duties and a bland line saying something complimemtary and you're happy to be contacted.

If you need further advice or are in doubt I advise you to contact an employment lawyer.

By the sounds of it you are making your nanny redundant. So see Making An Employee Redundant

Notify them in writing that you are considering making them redundant (keep a copy).
Arrange a meeting to chat to them about it - basically tell them that you have decided that a nanny isn't what you want anymore and will be changing to using a nursery.
Then write them a letter stating that they have been selected for redundancy (as they are your only employee) and state the last working date. Keep a copy.

You can certainly say that she can give out your phone number as a reference.
If she wants a written reference, then compose one that says the key facts, such as period of time working, ages of children at start, general duties done.

pink - it's hard because I grew up with a nanny until I was 4 and I loved it and wanted it for my DDs too. But I feel too wary after this experience to do it again.

Re: holiday you can, when you give her notice, say you want her to include her holiday in that. That can mean you give her more than 12 weeks, so she works 12 and has holiday at the end, or that you delay giving notice and include the holuday in the 12 weeks. Just write something along these lines in the letter:

We are hereby giving you x weeks notice, to include the x days of holiday you have accrued making your last day of work yy/yy/yy, and your last day of employment with us zz/zz/zz.

Be prepared for her to request that the holiday be moved. Also bear in mind she will have the right to reasonable paid time off for interviews.

Thank you!
Does there have to be a particular timescale between the 'considering making her redundant' letter and the 'selected for redundancy' letter. Do I have to use those exact words? She already knows that we won't be able to afford to keep her past March 1st 2011 at the latest, but mentioned last week that she'd rather start a new job in January anyhow. Consequently, since the nursery will take the DDs in January, we've decided to move the timescale forward.

Give the notification of the possibility of redundancy letter tomorrow morning - so then you have advised them that their position is at risk. Arrange a time/date to discuss the matter, such as sometime on Tuesday.
Meanwhile post on Employment Matters board. Also call ACAS Helpline tomorrow to see if they can tell you what things you have to do even though you are a small employer.

Your DD can still have that experience. You should have got rid sooner and you might have found the nanny you really like. It isn't too late you know, there are lots of brilliant nannies around. You must do what you can live with, maybe look at nurseries and nannies and see which one is best.

pinkbasket - it sort of IS too late for OP if she wants to stay on the right side of the law - technically she should not employ another nanny because if she did it would not be a redundancy situation for the current nanny and she could be in hot water.

Of course, if the nursery doesn't work out and then she goes back to a nanny that would be OK.

I was never given notice for the parents to then employ another nanny so I don't know anything about that side of things. I just don't want the OP to dismiss all nannies on the basis of one she has had problems with.

Thanks everyone - nanny is currently on holiday. We went to have a final look at the nursery today and have decided to go with it, which is a relief.

Nick - I'm going to ring the helpline tomorrow, I hope that it's not too complicated - I want to stay on the right side of the law though.

Pink - I know what you mean and I really wish I had the courage to go for it again. I've come across so many fab nannies on mumsnet and think if I could guarantee one of them in the future then I might go on to choose a nanny in the future should we have more children. But as it stands I don't have faith in myself to make that judgement anymore - it's brought so much unimagined stress, tears and sleepless nights (sorry if that's all sounding a bit melodramatic :o - the nanny herself thrives on melodrama) and I know that it's all my own fault for making a bad choice!

There was nothing wrong with your judgement, you felt she wasn't right at the beginning. You just didn't trust yourself :).

I would just give her the contractual notice and ask her which days she wanted as hols. My contract always noted that holidays not taken would not be paid. As it happens my last nanny had a week of hol after her time with us. But, she was lovely and I was happy to accommodate.

If you only have one employee, I don't think you need to formally inform her that you are considering redundancy. I know larger companies have to have a consultation process. But, I thought this didn't apply to a nanny. Although, I'm not an expert so happy to be corrected.