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Paid childcare

Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

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Original poster

Nanny Pregnancy/Maternity Leave

80 replies

NatashaRomanoff · 27/05/2016 19:09

Our nanny is pregnant, this is now an established pregnancy and we have had sight of her MATB1. She disclosed this pregnancy the week after we employed her - I was and remain really pissed off by this, but accept that it's a risk you take when employing one.

We had discussed the possibility of the nanny returning after maternity leave to provide after school care for our four children and allow her to bring her own baby. I am becoming increasingly uncomfortable with this as it becomes more of a reality. Our children are all under 10, our eldest is 9 and has ASD so complex needs that need a lot of specialised care. 2 are toddlers aged 4 and 2. I do not feel that any nanny could provide adequate care in these circumstances if they have their own newborn with them. Nanny wishes to return to work when baby is 6 weeks old

As yet we have been unable to arrange any maternity cover. It may be possible for me to change my hours short term to cover myself but this won't be possible permanently. I'm facing the possibility of having to quit work if we don't accept nanny back as there seems to be no alternative, but I am just not OK with her coming back in this capacity.

Morally I feel that if we make that decision I will need to tell her as soon as possible. What is our legal position here? Presumably if I have to leave work myself we can legally make her redundant as the position really won't exist - but what if I don't? If I can, on the off chance, maintain the reduced hours can redundancy still apply? I recognise that as we've previously verbally agreed I can't offer anyone else then position permanently

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FuzzyOwl · 27/05/2016 21:42

I disagree. At no stage was anything said about refusing an employee to take their full maternity leave - that is the employee's responsibility to sort out and decide how much time they want to take. The employee needs to put in writing her request to change her terms and allow an appropriate amount of time (28 days unless different in the contract) for that to be accepted or declined. If she hadn't done this and continues to not formally request it, the employer is under no obligation to force her to do so although it would be prudent to have in writing that that they have been made aware that they need to do this. It is like saying refusing someone part time hours would be forcing them out of a job because they said they couldn't afford childcare if they came back full time. I also cannot believe that any tribunal would not agree that there was a business need to keep the status quo as it was with the nanny looking after four children.

LittleNelle · 27/05/2016 21:44

Pressuring someone into resigning because they want to take their full maternity leave is pretty clear discrimination.

AHellOfABird · 27/05/2016 21:45

OP, I don't think there's any need to go through redundancy. Surely you'd like her to stay as far into her pregnancy as possible (you should do a risk assessment by the way)? Just note to her that, on reflection, NWOC won't work for you. She will then either seek alternative care for her child and come back early or take her full year and you can seek a cover nanny and discuss at interview that the position may become permanent.

FuzzyOwl · 27/05/2016 21:46

Little my comments have absolutely nothing to do with wanting to take full maternity leave. You have misread or misunderstood. And by law (you can look it up) it is eight weeks to change your returning to work date, be it earlier or later.

FuzzyOwl · 27/05/2016 21:48

To make it easier for you Little, you can confirm it from ACAS here where it states very clearly:

Once notification has been given to the employer they must write to the employee, within 28 days of receiving her notification, setting out her return date. The employee must give eight weeks' notice to change the return date.

Original poster

NatashaRomanoff · 27/05/2016 21:49

What, Nelle? Where have I suggested that? If she wants to take full maternity more power to her - I think she should. I think it's unwise to only have 6 weeks hence the in the OP.

I'm not forcing anything, I am recognising that I do not wish to have NWOC, and I have no obligation to, and that this means that she will choose to leave anyway, so do I inform her sooner or later. Basically.

But the more you reply and demonstrate the selfishness most people apply to this stuff, the more I think I'll leave it later.

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LittleNelle · 27/05/2016 21:50

My posts were to FuzzyOwl about her suggestions for how to get around maternity protections.

AHellOfABird · 27/05/2016 21:50

Fuzzy, the nanny only has to say two weeks before the start of a 6 week maternity leave that her return date will be eight weeks after that. I would assume she wouldn't give this statement without NWOC agreed in writing.

The 28 day thing is flexible working; NWOC would be a different kind of variation.

Anyway, this shouldn't be about making it extra awkward for the nanny!

LittleNelle · 27/05/2016 21:52

Natasha, inform her as soon as possible.

AHellOfABird · 27/05/2016 21:52

OP, I suspect she can only afford to take 6 weeks.

Original poster

NatashaRomanoff · 27/05/2016 21:54

Like she did for me?

She can afford to take more and has indicated that maternity allowance is enough for her to live on. So yes, she can take more.

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Original poster

NatashaRomanoff · 27/05/2016 21:55

Nobody has actually answered my original questions. Can redundancy be applied in either circumstance (me not working, or my hours changing) legally or not?

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LittleNelle · 27/05/2016 21:56

OK, well if you want to get even with her then give her less notice

I'm pretty sure you, or any other mother, would do exactly the same in the nanny's situation so there's no point judging her.

Audreyhelp · 27/05/2016 21:57

I was the nanny with own child years ago now . I went back to work after two days but not with four children. This worked for a while but not long . Talk to your nanny I am sure she will see your point of view just keep it all nice. I think like me she is going back early as she can't afford time off but that is not your problem it's hers.

LittleNelle · 27/05/2016 21:57

If the job is no longer available, then it is a redundancy situation.
If you are going to keep using a nanny, but with different hours, then you have to offer it to her first.

nannynick · 27/05/2016 22:01

I agree with LittleNelle. If the position of nanny is no longer available, then it would be redundancy.

So if you lose your job, the position of nanny is no longer available.

If your hours change resulting in you no longer needing childcare at home, then the position of nanny is redundant.

ACAS and Maternity Action have information about redundancy and redundancy while on maternity leave.

AHellOfABird · 27/05/2016 22:04

I still don't get the benefit of making her redundant now rather than saying NWOC isn't possible on reflection.

Original poster

NatashaRomanoff · 27/05/2016 22:05

Thank you.

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Original poster

NatashaRomanoff · 27/05/2016 22:06

I won't be making her redundant now, we're happy with the status quo now.

OP posts:

nannynick · 27/05/2016 22:08

They would not be made redundant now, it would be when the job no longer exists.

AHellOfABird · 27/05/2016 22:13

Soooo OP tells her NWOC isn't possible on reflection, nanny either looks for her own childcare (unlikely) and returns early or takes up to a year off.

During that year, if op can't find cover and quits job, nanny is made redundant. Is that the idea? That all makes sense.

Original poster

NatashaRomanoff · 27/05/2016 22:17

I can't get cover regardless and don't want NWOC so unless my hours change I'll have to leave my job. Basically. So any way we look at it, unless she got care for her own child (she's made it very clear that this isn't an option for her) my hands are tied.

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LittleNelle · 27/05/2016 22:24

If she is literally your only childcare option then surely it doesn't matter that much that she is going on maternity leave - at least you are getting 6 months or so of childcare.

FishWithABicycle · 27/05/2016 22:25

OP you need to lose the idea that it's "treating her badly" or "being an utter bastard" to not jeopardise your career or compromise on your own children's care at the request of this person. It is not being "mean" to require the childcare service that you advertised and interviewed for.

Advertise for maternity leave cover for "up to a year with possibility for longer term."

The chances of your current nanny coming back after six weeks without her own child are zero. So no need to advertise for a six week post. And the chances are she won't come back at all as she will find a smaller family where a nwoc would work.

Original poster

NatashaRomanoff · 27/05/2016 22:28

She is now, Nelle there were alternatives available when I was originally looking that are now full.

Thanks, Fish

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