notice for au pair

[madeindevon2]

ok this is a hard one.
au pair came here to live nearly 5 years ago. 2 years ago my second was born and I went back to work full time when child was 6months old. au pair then more qualified and I employed her as nanny. still live in. 9months later I get made redundant. give nanny 3 months notice but invite her to remain going back to au pair terms. agreed to her also supplementing by working elsewhere occasionally.

fast forward and she is rarely here... working elsewhere. using my car....
the arrangement isn't working for me anymore but this has been her home for 5 years nearly. at moment we are on informal arrangement.
how much notice to leave is fair????

Usually it is detailed In your contract, do you have one that you have been using? If not ACAS suggests after being in continuous employment for two years notice should be one week per year of employment up to a max of twelve weeks. If you have been paying her wages this will count as employment. You may wish to have her contribute to car usage if she is not using this for your business aswell. I can see why this is not working for you!

You obviously know her pretty well by now. I think you need to speak frankly to her and say it's not really working for you any more and you think it's time for her to move on. As it has been so long, I think I'd offer her three months to find somewhere, so long as she actually continues to do her au pair duties. Or you could just ask her how long she thinks she will need (you never know, she might say four or six weeks and then you could agree with her suggestion). Or could you suggest that as you no longer need an au pair, she needs to pay rent if she continues to live with you?

Just a thought but as she has been with you in employment for so long and you want to let her go. You will probably have to pay her redundancy ?? Which is a weeks gross wage for each full year worked. I would def check with acas or cab or if you used a nanny tax company give them a call.

I think as she has been working for you for 5 years you need to take some legal advice as to exactly what her employment status is. If she is your employee then you will need to make her redundant.