How do you make a nanny redundant?

[AgentJ]

Just that really - we will no longer be requiring the services of a nanny so we need to make our current employer redundant. How do we go about this - do we just write explaining the above and giving the appropriate notice?

There is a procedure to follow, your payroll provider can tell you how to do it.

You let them know they are at risk of redundancy, have a meeting and then confirm they are selected for redundancy. It is just a procedure as being the only employee there is no other job to select.

The position of nanny is redundant not the person. You would give notice as per your contract and redundancy pay applies if they have been employed for 2 years or more.

Right so I have a meeting to tell her she is 'at risk' and then confirm? What's the point in that? The position is going, there's no 'risk,' it's a certainty. I do not wish to employ her any longer, regardless of any circumstance. Do I have to make her redundant, or can I just let her go with a months notice anyway? She's only been in position 6 months.

Give her notice rather. Much easier and write a good reference for her.

Will you be using different child care? You won't be able to employ another nanny.

I don't want another nanny - ever! I've absolutely hated it. We are moving to preschool/breakfast club/change in my hours so the role really is no longer available. Can I just 'give notice' of termination or is that not a thing? The payroll company we use were useless with this. It is complicated by nanny's impending maternity leave, however, this new childcare arrangement was always going to happen at this time of year regardless.

How long has she worked for you?

So she is pregnanth, not been with you long and now you want to get rid of her??

Not long enough to be receiving SMP. 6 months now.

I want rid of a nanny position, not her personally. We no longer require this childcare, her personal circumstances are irrelevant.

Sorry missed the bit about her pregnancy. That complicates thints a bit
Had she not been pregnant you could have just given her notice. Because she is, it could smack of discrimination. Incidentally that's plenty long enough service to get SMP.

It's hard to tell if you genuinely don't need a nanny or if you really don't like this (pregnant) woman and have rearranged everything so you can get rid of her. Which is your prerogative , but still...

No, it isn't. She does not legally qualify for SMP, though she of course does for OML and AML. She is instead eligible for Maternity Allowance.

I would err on the side of caution, and follow the redundancy procedure set out: notice of at-risk, consultation etc before dismissal.

Is she your first nanny?

If she's only been with you 6 months just give her notice. She is not entitled to redundancy pay. You don't even have to give a reason because she can only claim unfair dismissal if there was discrimination or she was dismissed for exercising a statutory right - but I would be honest and say that her position is redundant because you will no longer be employing a nanny and will instead be using preschool and breakfast club due to a change in personal circumstances.

Sit her down, tell her nicely yet firmly what will happen and when. At the end give her a letter outlining the notice period and last day of work. If she has any untaken but accrued holiday you will need to pay that with her final pay. If she has taken more holiday, than entitled to, you will need to outline how much and that it will be deducted from her final pay.

I would add what arrangements you will make for providing a reference too.

FFS. Her pregnancy is irrelevant to this change in childcare needs. Our youngest child has hit the age at which they can attend the preschool we want them to attend and also qualifies for funded hours. This, funnily enough, would have happened regardless.

But didn't you say she's been with you for 6 months already?

Missed the bit about maternity.

You say the plan was always to change to the new childcare arrangement. Did the nanny know this too? How was it communicated?

Also, when did she tell you she was pregnant? Was she pregnant when she started the role?

Thanks. What is this 'consultation' we need to do, I don't really understand it? We just tell her we 'might' not need her any more, then confirm this in writing?

If you're absolutely not going to replace her then I'd just give her notice, on reflection. It's just a consideration, now she's pregnant, that if she wants to be awkward she might play the discrimination card, rightly or wrongly.

She hasn't worked for you long enough to be eligible for redundancy. You don't have to inform her she's 'at risk'. There is only a compulsory consultancy period when employers are making over twenty employees redundant.

Just let her know you no longer want to employ her and pay her her notice.

Yes, she has always known about us moving to use preschool, this has never been hidden. Previously we had spoken about possibly moving to before/after school hours however we no longer need this cover due to a (genuine, obviously I have to clarify this) change in our family arrangements. So, we no longer have a position available once the youngest begins preschool. The timing is coincidence not intention.

Read this

www.gov.uk/staff-redundant/overview

Yes, she was pregnant when she started and informed us right after her trial month ended. Fine, her prerogative, I'd have done the same.

Just give her notice then. I didn't realise she was already pregnant when she started...