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Nanny role has changed - how do I let them go without contravening redundancy laws?

26 replies

SplinteryBottom · 09/06/2016 16:03

So, first of all we have our nanny PAYE etc dealt with through a professional company and I'm sure we'll get good advice from them. But I know that there are lots of very experienced and knowledgable people on here so I just want to see what other people's experience of this is.

We have DTs, who go to pre-school in town X. We live in town Y. Our current nanny lives in town X, and she does a combination of after pre-school pick ups and brining them home and full days looking after them at home.
In September they will start school in reception in town Z, which is further away from X than us, so the nanny is reluctant to continue. I could financially make it worth her while, but I feel we have maybe got to the stage where a break/change would be good.
My understanding is if I make her redundant then I cannot re-advertise for a new nanny, even if the bulk of the work (i.e. picking up from a new location) is different? Is that correct?
Alternatively I think she could resign, but if she doesn't have a position to go onto then I don't want to jeopardise her ability to claim any benefits (I don't think she would, but I don't want her to get stuck). Obviously it's not anyone's actual fault that the children have got older.
To furhter complicate matters, because going to reception is going to be a big change for the DTs, and they have a longish settling in period etc, I have provisionally asked the nanny to continue until the end of September. This is not in writing and I suspect might change, but I don't know if she has been technically doing the job - or something close to it - in the new location affects this?

OP posts:
Are your children’s vaccines up to date?
lougle · 11/06/2016 21:27

You have to prove it, but in the case of preschool to school age transition, that proof is incredibly easy to find. That's the difference. The burden of proof doesn't change, but you can easily provide it. In fact, in every legitimate case of a genuine change in requirements, it will be easy to prove, which is why the burden of proof exists - only employers who are just trying to get rid of someone will find it difficult to show that there is a genuine reason for the change in terms.

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