Nanny - resignation or redundancy?

[BeckyStrafford]

hello!

Just looking for any advise please! Nanny is currently on maternity leave; we have a temp nanny covering. She originally said she wanted to return to work - we stated that (for our own reasons) we weren't happy for her to return to work with her baby and she accepted this. Now that she has had her baby she has changed her mind and is asking to return to work with her baby. Our opinion is still the same and we aren't happy with this and have informed her so. She has verbally accepted that she won't be returning to work - but hasn't resigned. Do we need to ask her to resign or do we make her redundant and if redundant on what terms? We get on really well and have become good friends and the situation is extremely amicable however I have always done everything between us legally and want to continue doing so!!

Any advise greatfully received.

Thanks
Becky

You don't make her redundant. You ask for her written resignation so you can work out what holiday pay you owe.

She needs to put it in writing. I'm a nanny who had a temp position covering the nannies maternity leave. When she didn't want to return, I was offered the job but didn't get a new contract until the old nanny put it in writing.

She is resigning. Get it in writing asap though. An an employer, you assume that she is taking her full one year's maternity leave entitlement, unless she says otherwise. So you would ahve to keep her job open for 12 months. Unless she resigns, which she has. But you need it in writing.