nanny redunancy question

[WineOhWhy]

We are thinking that at the end of this school year we will probably review our childcare situation. We are currently paying pretty much for a full time nanny when both DCs are at school, so really for a few hours after school (I do morning school run) and for school holidays and emergency cover. We will probably make her redundant and use some combination of after-scool club, after school nanny, and/or DH working flexible hours a couple of days (so start and finish early). Holidays will require a bit more thought!

On the assumption that we get holidays figured out and decide to do this, my question is how soon should I tell our nanny? She has a 4 week notice period, and I imagine there is a timetable associated with a redunancy, but I was thinking of telling her as early as the new year with a view to giving her as long as possible to find something else (she has her own child so not every job will be suitable). Obviously there is a risk she will end up leaving early if she finds something. I wouldn't want her to leave before Easter (DH probably won't be able to work flexibly before then for various reasons) but could probably manage the summer term. Maybe I shouldn't tell her until Easter then? If she leaves before the end, would I be right to think i would not then have to pay redunancy? If she stays until the end but has another job to go to immediatiely, do I have to pay her redundancy in that case?
Any other pros and cons of telling her very early?

I believe statuatory redundancy pay is only due once your nanny has worked two years or more for you, and it is paid at (please someone feel free to correct me if i'm wrong) 1 weeks salary per year of employment, up to a maximum of £400 per week. I'm not sure how this would be affected if she chose to leave early - hopefully someone else can help. I am fairly sure that if you decide to take on an afterschool nanny to replace her, you are obliged to offer her the position first - whether she takes it or not is up to her.

Having been in your nanny's situation, I wonder if she is aware the position will be coming to an end shortly? I know I was! My employers were kind enough to give me about 4 months notice the first time I was made redundant, to give me plenty of opportunity to job hunt, and despite finding a lot of positions wanting someone to start much earlier, I turned down these opportunities as I felt I had been done a favour and wanted to return it by not leaving them in the lurch. The benefit of having more time was that it allowed me to register with agencies in advance (popping in to register when my charges were at nursery rather than frantically trying to squeeze in as many as possible before I was unemployed) and gave me time to polish my CV and think about what I was looking for in a new position. I was really grateful for the advanced notice!

Do you think its likely your nanny may feel the same? You know your relationship with her better than I do, so I cant say - I have known other nannies who have left a position a month or so before their charges have started school, for fear of missing out, and their employers have had to get a temp/friends and family in to cover. Is this something you might be able to do?

redundancy rules here

Are you able to cope if your nanny leaves Before Easter?
Presumably the notice period works both ways, so if your nanny wanted to leave at any point, all they need to give you is 4 weeks notice? If you can't cope with them leaving Before Easter, then don't mention things until Easter. At that point you are then giving a terms warning and she could start looking for other work, as other families may know by that time that they will be needing a nanny as of September.

I think that if they hand in their notice before you have officially given notice of redundancy then you don't pay redundancy pay (assuming the nanny qualifies for the redundancy pay). Thus why you shouldn't say anything more than that you may consider looking at other options for next school term, just saying it casual in passing... so it's not at all clear that it would actually be happening. Once you have decided that the position will be made redundant, then tell them at the earliest opportunity. Once you have made that decision, a call to ACAS might be useful to check what happens if you tell your nanny and they then leave by giving 4 weeks notice, does that then mean you don't pay SRP?

Is SRP an issue... will they have worked for you for two years or more by that point?

Do what you feel is morally right. If this nanny has been with you for many years and if after you have dropped hints about them possibly being made redundant, would you not do it as redundancy anyway?

If she stays until the end but has another job to go to immediatiely, do I have to pay her redundancy in that case?

Yes. That's an easy one to answer as you will have given them notice that they are being made redundant.

If you decide to go for an after-school nanny option, then offer them the position. As the care is provided at your home I feel you should offer the position even if you know they probably won't accept it. You never know they might want the cut down in hours and I presume you would not mind them doing the job.

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Thanks. She will have been with us for just over 4 years at the relevant time and her gross weekly pay is over £400. hence I think a £400 cap applies and I would owe her £1600 (4x£400).

Re payment if she leaves early, my reading is that I have to give her a weeks notice for each year of service, so 4 weeks. She can ask to leave before the end of the 4 week notice period and if I agree she is still entitled to payment.

Hence, I think if I give her earlier informal notice and she chooses to leave before the formal notice, she would not be entitled to payment?

Does all that sound right?

I woudl be happy to offer her the after school role (and will do), but I am sure she could not afford the paycut. Also, her job would finish in July and the new one would not start until September (DH's parents are visiting from Oz for the whole of next summer so we will have a fair amount of time off to spend with them and they are keen to do stuff with the DC the rest of the time). Does that make a difference?