Nanny maternity rights vs intention to change to nursery care

[simhou]

Our nanny has informed us she is nearing 3 months pregnant. If everything hopefully goes well for her we are conscious of our need to pay maternity and keep her job open should she wish to return after.

However my daughter is just about to turn one, and we had been considering transferring in whole, or part, to using a nursery at some point next year (we have care 3 days a week).

Now she has told us, does anyone know where that leaves us in still having our own choice in whether we swap some, or all days, over to a nursery? - espeically if that were to happen before she is due to start maternity leave.

And even if we don't change anything before she goes on maternity leave, if we cover her absence with nursery and decided to keep my daughter there long term thereafter, how does that affect our obligation to keep a job open for her on return?

You can make her role redundant, so long as it is genuine redundancy. Switching to nursery so you no longer need a nanny would be ok, but you couldn't employ another nanny (or au pair).

I think you need to contact a solitor to make sure you are within the law and follow proper redunancy proceedures.

Materity protection is very strong. If you do make her redundent then you need to have proper meetings before doing so.

Redundancy is fine as long as you use a nursery and not in-home childcare. Your nanny payroll company can calculate maternity pay and check procedure for making nanny redundant.

Acas website also has details about redundancy procedure. It is important to follow procedure but as you only have one employee, it is clear that their role is being made redundant, you can't choose any other role to make redundant.

Maternity Action have a pdf about redundancy whilst pregnant which is worth a read.

I beliee she has a right to return to her job, only if the job still exists. As you will be using a nursery, the job no longer exists. You can make someone redundant when she is pregnant, just not beacuse she is pregnant.

I was made redundant while pregnant. They went to a childminder instead and the nanny agency I was with, said it was all legal, as they weren't employing another nanny and so didn't need me anymore. I still got maternity allowance as I had worked for enough weeks during my pregnancy. It sucked, but was all above board. I did get redundancy, although I can't remember how much I was entitled too.

I understand the relevant UK laws, but think the statutes are very hard on employers. What if you want to hire another nanny while your nanny take six or twelve months off?

Then you hire a temporary, maternity-leave nanny, and the pregnant nanny goes back to her job, because her role is plainly not redundant.

if you still intend to employ a nanny you need to keep the job open for your nanny while she is on ml

she is legally entitled to come back, but not to bring her own child with her

if you decide to use a nursery then follow protocal and make her redundant and will be legal

I covered a nannies maternity leave a few years ago. Employer still needed to pay nanny on maternity leave and I was on a temporary contract until she returned to work.