Giving notice to nanny - legal help please

[Page62]

Hi
My nanny was in an accident and suffered whiplash. She has been working for us for c 5 months. She has taken 3 weeks off so far and is asking for another 3-4 weeks possibly. I have been stringing childcare together with temp nannies but finding it increasingly difficult and to be honest, i think it would be pretty strained when she comes back anyway as we haven't been entirely happy with how she has been during her time off (essentially not keeping us in touch, i have to text her at end of every week to see if there are any updates, she hasn't phoned us once since the accident etc). I am thinking that perhaps we should just give notice now - i paid her in full the first 2 weeks then have moved her to SSP now. Am i legally allowed to do this? I am having to take quite a bit of time off work when temp nannies are not available and it's just taking a strain now.
Thanks for those that have advice.

i wondered if you would do this - tbh i dont know the legalailtys of it - maybe nick or flowery would (tho havnt seen her for a while)or check with sam - obviously i wont say anything to anyone

you cant keep the job open forever and the fact she hasnt been in contact during the accident seems a bit weird

if i can be of any help on thur/fri then call me x

thanks blondes
yes, i can't imagine i have to keep it open forever -- and to be honest, it is the unknown i hate - just need to address the issues as i feel it's all been "band-aided" for now and i need a more permanent solution in place!
FLOWERY, NICK, please help!

Quicky as the children are both asleep... I can't think of any issue as long as you give the notice due under the contract.
Only thing is that you are now only paying SSP, so that may affect things - try looking up Long Term Sick.

Disability Discrimination Act may come in to things. So I suggest you give ACAS a call and see if they can confirm if an employee with that short a period of working for you can raise any claims in the event that they are dismissed with pay in lieu of notice. Also ask about pay in lieu of notice when getting SSP. Is it the SSP amount, or their usual salary amount?

I agree you should contact ACAS.

You may be able to dismiss on medical capability grounds. She physically cannot do her job and if she's asking for more time off it must be pretty serious and she may well need to be on amended duties for a while. What do the fit notes say? I doubt, however, you're into disability territory as that seems to cover long-term (12+ months) conditions according to the direct.gov info on the Equality Act.

Direct.gov whilst aimed at the employee rather than the employer seems to imply that if an employer can't make reasonable adjustments dismissal is fair. Likewise businesslink which is aimed at employers. One of the links on that page talks about capability.

This site suggests full normal pay rather than SSP.

Yes you can terminate her contract; because she has been working for you for less than 12 months you don't need to go down the incapacity route, just say kindly (in writing) that as she has been off work for 3 weeks you have made other arrangements for your childcare and you will therefore be terminating her employment with effect from...

You can give her pay in lieu of notice, but that would have to be the full contractual pay. If you allow her to 'work' her notice you can continue to pay SSP unless she comes in to work of course.

thanks so much for all the input so far. hair sligntly falling off with stress!

mr a - so works better to work notice off ill for page as then less money for her, esp if paying for another nanny to cover

was thinking that blondes. paying her and nanny temp is costing me £1000 per week. i want to weep.

Ouch page :(

As sad it is for the nanny - if she has had to have 7+weeks off you do need to let her go as when she is back will she be up to normal duties though obv your dc are older

Other thing to think about is the cost of finding a new nanny if you go through an agency again will it cost less to keep nanny on on ssp providing she gives you a definate return date iyswim

yes, at the moment i am opting to do nothing as a) i haven't properly spoken to her, and b) i can't face it (coward, lazy emoticon)

Is SSP recoverable via Statutory Funding for small employers?

Not sure what you mean by "Statutory Funding for small employers"

All employers can recover SSP via the
Percentage Threshold Scheme (PTS) though, and in these circumstances Page62 you should be able to recover most of the SSP you have paid, even for 7 days of the two weeks you topped it up to full pay.

That's why the ? SMP is recoverable, so wondered how it applied to SSP. Thanks for clarifying the situation MrAnchovy.

Oh no, Page. Not at all what you need. BTW, how are you? I read / heard you have had a horrible time with the morning/afternoon/evening sickness.

at £1k per week.

How did she react when her pay dropped to SSP?

SMP, SPP and SAP are recoverable through Small Employer's Relief (100% + 4.5%).

SSP, SMP, SPP, SAP and probably some other S?P I have forgotten are commonly called Statutory Payments (for obvious reasons), but I have never heard the term "Statutory Funding". Sorry to be pedantic, but I know you would do the same for me .

Hi strix! I am mostly harassed! Just recovered from horrendous hyperemesis, catching up with loads of work, trying to plug gaps in childcare, starting building works in house we bought, and bleeding cash. Oh and 20 weeks pregnant now. Apart from that, I am peachy! Your baba looks very sweet!
Thanks for all the good advice on here!

Esp to nannynick and mra!

p62, I have just sent you a message. Che your mail.