have to dismiss nanny- dreading it (not advise just handholding)

[scrummummy]

Hi I have to dismiss my nanny. I'm giving her one weeks notice but its really difficult. She hasn't done anything really wrong, (well she's done enough minor stuff) but basically my DH is leaving his work end of June and hasnt found another job. I cant afford to pay nanny and everything and have DH not working. The best solution we have come to is for DH to stay home until at least sept and look once schools go back.
Just dreading it, her contract is 1 weeks notice, she's only been with us for 4 months.

That's tough scummy, she'll be upset but hopefully will understand your change in circumstances is the reason, not that you don't want her.

Would you have her back if dh got a job sooner?

Scrummy sorry, bloody ipad

I would but its not really ideal. She has a family and so needs a job, financially we cant pay her while DH is looking and he might as well stay at home for the summer holidays then look during school time. She'll need to look for another job which she'll probably find very easy to get.

Just be totally honest and say you are gutted (even if you're not) and if you could have seen this coming obviously you'd have made it clear it was short term only.

Difficult times & these things happen, and often quickly.

Good luck.

Be honest about the situation, the job is redundant so you are not dismissing her.
Give notice as per the contractual terms and write a reference.

It's not a nice situation but in the current financial climate it is happening a lot - a nanny I was just getting to know has been made redundant due to a parent being made redundant.

Good luck with the chat.

This happened to me as a nanny. I got a lovely reference which explained why they had to let me go for future employers to read. These things happen. Good luck

Be careful.

Under British law, the redundant role/position has be non-existant for a certain length of time before it is re-available. I'm sorry, I don't know what the time-frame is.

If your current/soon to be unemployed nanny sees, hears of, discovers etc that she has been replaced, you will have a battle on your hands & could be sued for unfair dismissal.

I suggest you look into this if you are likely to need a new nanny Sep-ish.

Yes but you'd get round the redundancy laws by offering the same nanny her job back if you were in a position to re-employ someone. Hopefully she wouldn't need it because she'll have a new job by then anyway.

Sorry about your dh'd job. It's shit, isn't it.

If I were you, I'd go in, do it and get out quick, giver her a sweetener (a week's extra cash or something?) and to option to leave that day so it doesn't drag out.

I was made redundant a few weeks' ago and my employer broke the news and then droned on for another 20 minutes about how bad he felt. Frankly I didn't give a toss about him, I just wanted to leave and say goodbye to my lovely colleagues. We left on good terms but really, he made it all about him.

But if she has only been employed for 4 months you can let her go with appropriate notice anyway, unless it is for a discriminatory reason AFAIK. A shame for everyone by the sounds of it.

If the nanny has only been employed for four months then she can't claim unfair dismissal, unless you have sacked her for being pregnant/ black or some other protected criteria. You need two years continous employment before going to a tribunal.

Slam, the employer CAN be sued.

The role was redundant, which in law means is no longer available. If the role becomes available within a certain time-frame, regardless as to whether it is offered to the previous employee or if the nanny has found employment elsewhere & can't take it, this is insignificant.

The recent redundant role will have been made available to others. This equates to unfair dismissal.

This happened to me a few years ago. I was "replaced" 2 months after being made 'redundant'.

I spoke to Acas & upon their advice I sued, it went to tribunal & I won.

Oh OP I was in a v similar position a few years back. My circs changed and I just couldn't afford to keep her on. She also had a family and had been with me 8 years :(

It broke my heart :(

We both cried when I told her but although she was gutted, she understood and we are still very very good friends now (me and the DDs were at her DD3's 1st birthday party yesterday!)

Good luck to you. It's a horrible situation for everyone.

And I wish your DH all the best with his job search

The employer can be sued but in this case there is a genuine case for redundancy and if she rehires someone else in two months she would be fine. I have seen this happen very often and for as long as the employer can demonstrate a genuine case and that they have acted reasonably, it's usually ok.
There are no redundancy or employment rights if she has been employed for 4 months and as has been said earlier she doesn't need a reason to let her go.

but she isn't making her redundant, she is dismissing her because she can't afford to pay her while her husband is out of work.

ooooohhhmaybegossip, the nanny has only been employed for four months.

www.acas.org.uk/index.aspx?articleid=1797

She needs at least one years continous service before she can claim. It is very easy to sack someone who has only worked for you for four months.

I suggest the OP contacts solitor to get advice rather than mumsnet. The solitor can help you word the dismissal letter. I would also give her a weeks pay rather than expect you to work for you.

ACAS are there to help employers as well as employees. They can advise you if you cannot afford a solitor.

thisis it is redundancy - she doesn't need a nanny because the children have a parent at home to care for them therefore the position of nanny is redundant.

Let's get this straight.

The position is becoming redundant. But an employee with less than 12 months service has no statutory right to compensation for dismissal due to redundancy, and if for some reason the fact of redundancy can be disputed (due for instance to re-employing within a short period of time), or the employee is unhappy with the process, a former employee with less than 12 months service cannot claim unfair dismissal.

The only relevant rights an employee with less than one year's service has are for one week's notice (or more if the contract specifies it) and not to be discriminated against for reasons of sex, race, disability, religion, sexual orientation or age.

So let's stop guessing about the legal posiition or applying anecdotal experience out of context and offer the OP the support she asked for. Scrummymummy, dismissing staff is never pleasant or easy, but as long as you deal with it clearly and honestly it will go as well as it can.

How did it go Scrummy?

Hi everyone, thanks for all the posts. It went really well (if there is such a thing) . She understands and is OK about it.

She asked me if in September/ once DH gets another job could she come back which was great to hear. But I have told her that there are no guarantees when he'll find work so I don't want her not looking/turning down work for when my DH finds work. but I would love to have her back.

She is going to look for summer work in the mean time and if we need any baby sitting/ job interview cover she is happy to do this over the summer.

thanks for all the hand holding

Well done scrummy, horrid thing to have to do, lets hope Mr Scrummy gets another job soon! Good luck.