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

How do you make a nanny redundant?

60 replies

AgentJ · 16/08/2016 17:48

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?

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AgentJ · 17/08/2016 13:38

I've read the gov.uk stuff and find it completely irrelevant to employing a single person and hard to relate.

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AgentJ · 17/08/2016 13:39

I'm worried I can't 'just give her notice' though. Is it even something you can do?

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MovingOnUpMovingOnOut · 17/08/2016 13:40

If she knew about the change I would refer to it "as previously discussed it was always our intention to send X to blah-preschool. This has also coincided with ABC change to my work which means we no longer require the services of a nanny".

You are not employing a new nanny but as she is pregnant best to be explicit about the reasons her role no longer exists.

Be honest, be firm but also be kind. Thank her for her work and to give her a reference (unless she's been bloody awful in which case that's a different matter).

MovingOnUpMovingOnOut · 17/08/2016 13:43

Yes absolutely just give her notice. The reason is because the role is redundant due to .

Haffdonga · 17/08/2016 13:44

The main point is though she is not eligile for redundancy because she hasn't worked for you for two years.

Forget redundancy. Just give her her notice as per the notice period specified in her contract.

SnotGoblin · 17/08/2016 13:45

If the plan was always going to change, why didnt you just hire her on a six month contract? Maybe too late to wonder about that now.

confusedandemployed · 17/08/2016 13:46

What Haffdonga just said. You really really can just give her notice. And y y to referring to previous conversations about length of service requirement.

AgentJ · 17/08/2016 13:49

Because, snot we wanted to retain the flexibility of keeping her on if we wished without negotiating her possibly looking for further positions etc.

Thank you for clarification about redundancy eligibility, is there a link that confirms the 2 year eligibility at all please?

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nannynick · 17/08/2016 14:19

ACAS has info on redundancy.
Maternity Action also has useful information about making someone who is pregnant redundant.

Simply give notice that the role of nanny is to end on x date. A letter stating that the role is redundant would be useful for her to then claim benefits via JobCentrePlus.

If you want to err on the side of caution due to the pregnancy, follow redundancy procedure of having a meeting and telling her that the position is likely to be redundant due to childcare needs changing. Then confirm their selection for redundancy by letter. It is just procedure but by following it, if any case was brought for wrongful dismissal you can show that you have followed procedure.

Tell the payroll provider your nanny's last working day and details of what holiday your nanny is owed/overtaken. They will then produce the final payslip and p45, and close your PAYE account with HMRC so that your tax bill for JulyAugSept is your last (assuming nannies last day is before end of September).

Notice period to give is as per the contractual agreement, probably a calendar month.

nannynick · 17/08/2016 14:20

m.acas.org.uk/index.aspx?articleid=1611

AgentJ · 17/08/2016 14:33

I haven't found ACAS remotely helpful either. None of the resources I've found have been easily relatable to being an individual (not a company) with one employee. I'm still unsure as to whether this is a redundancy or a termination of employment situation. I can't find anything anywhere that states you have to have two years service to be made redundant.

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littleladyluna · 17/08/2016 15:16

You are still making her redundant despite the fact that she has been with you less than two years. As she has only been in the job six months she doesn't qualify for redundancy pay. Which means you should follow the steps outlined by nannynick

I got that from the ACAS website.

Haffdonga · 17/08/2016 15:27

Here on the gov.uk site

www.gov.uk/calculate-your-redundancy-pay

To quote You only qualify for statutory redundancy pay if you’ve worked for your employer for at least 2 years .

nannynick · 17/08/2016 16:50

www.nannypaye.co.uk/wp-content/uploads/2015/11/RedundancyPay.pdf

Redundancy pay applies once an employee has been in your service for 2 years. If the job ends due to no longer being available, then it is still redundancy, there is just no compulsory redundancy pay.

You are not sacking your nanny, they are not losing their job due to any fault of theirs. It is still called redundancy as the job is redundant - it no longer exists.

AgentJ · 17/08/2016 18:00

Do I have to do this 'consultation' in person. I despise confrontation and will make myself ill worrying over it and the potential for her to have a bad reaction.

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DameDiazepamTheDramaQueen · 17/08/2016 18:06

It's not confrontation, you're informing her the situation is changing. She's losing her job, she is likely to be upset.

BackToLondon · 17/08/2016 18:21

You sound like a lovely person. Employing your nanny on a permanent basis 'to retain the flexibility of keeping her' and now making her redundant. She must be a minimum of six months pregnant, so very unlikely for your nanny to find a new position.

expatinscotland · 17/08/2016 18:25

Dear god! You sound a real peach, OP.

Whatthefreakinwhatnow · 17/08/2016 18:29

Bollocks is this real, no way would someone actually treat an employee this appallingly!

expatinscotland · 17/08/2016 18:31

You have to pay her for her notice period, OP. What were you planning to do, ghost her? Is your husband or partner a bit more human and can handle the face-to-face stuff?

PennyAsset · 17/08/2016 18:35

OP - can't you get your PA to do the consultation? I loathe dealing directly with the hired help so try to outsource it as much as I can.

JacquettaWoodville · 17/08/2016 18:38

You can't avoid talking to her about this even if you were to start by sending her a letter - she works in your home!

As you would have been changing her contract if you'd kept her on for after school, I doubt you'd've retained the flexibility you mention anyway.

When would you like her to stop work vs the start date of her maternity? Whilst there is no obligation to pay redundancy, just her notice, you may wish to pay a little extra if you'd like to stay friendly.

Be aware you will need to pay for any holiday that would be accrued by the end of her notice period, if she doesn't choose to take the holiday in that period, which I doubt she will, given circumstances.

AgentJ · 17/08/2016 18:42

Gosh yes, how unreasonable I am to genuinely not need an employee anymore because of an unforeseen change in our circumstances Hmm

Have I suggested not paying for a notice period? Have I suggested I won't pay accrued holiday? No, you have all just decided I won't. And I'm the 'peach.'

My nanny knew this may well happen, I just need to confirm it.

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anotherdayanothersquabble · 17/08/2016 18:43

I have had to do this, no pregnancy involved. ACAS were helpful. Yes, you need to outline the change in circumstances and you need to do this in person. You need to confirm it in writing and you need to give her the chance to have someone with her.

She must know this is coming but she may be upset / annoyed but it will be OK. My nanny did forgive me in the end and we are still friends.

AgentJ · 17/08/2016 18:44

This is why I'll never have a nanny again, far too much hassle and far to much fucking judgement when you have to make tough decisions.

Thanks to all that were actually helpful.

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