Nanny possibly screwed over the maternity pay.

[LovelyNanny26]

Hi Fellow Nannies and Mannies.
I have been employed by one the families from April 2019.In July i have found out that I'm pregnant.I have informed my employer at 14 weeks verbally and via email about my intentions in regards to my maternity pay.Everything was fine we even discussed going back to work after my maternity pay. Fast forward to day I'm being told verbally that my boss has been made redundant with an immediate effect and they want to drastically cut my hours from 41 to 20.I feel like I'm being push out of the job and so they can avoid paying me. This obviously has got a massive impact on me. I don't feel like I'm enjoying this pregnancy or even want to be pregnant anymore.I have tried to dig out my contract but I can't find it anywhere. The only proof I've got are payslips and WhatsApp messages, childcare website messages and emails we exchanged in regards to the job.Such as asking for my bank details how I want to be paid etc.Where do I stand legally in this?What would you do in my situation and should I agree to reduced hours?It's not like I can get another permanent job quickly.Thank you.

Do you really think that your employer has conspired to make herself redundant with immediate effect so that she can avoid paying you maternity pay?! I know you are in shock about what is happening but so I am sure is she! You do not have to accept the reduced hours but the alternative may well be that your employer makes you redundant. Unfortunately your best option is probably to agree to the reduced hours at least for the moment and try to make up additional hours with temp work or nursery nursing?

Was it SMP? Or was their contractually more? If SMP then worst case scenario you would still get Maternity allowance, which is only less in the first 6weeks.

Make sure your employer knows they are able to claim back the cost of SMP as a small employer.

How many weeks pregnant are you?

If you've already worked your qualifying period, your employer reducing your hours won't have an impact on SMP

believe she doesn't look like someone who just lost a job. It seems to be very convenient just before my maternity leave. I have also been given few snazzy comments about how my pregnancy is inconvenient.

how many weeks pregnant are you now? I’m currently paying mat pay to our nanny. We were given the whole lot by HMRC as a lump sum with an extra 3% on top, it was straightforward to arrange. They calculated the amount over a specific qualifying period which from memory was about 5 weeks dated earlier in the pregnancy so maybe half way through. So you might still qualify for the 90% of your 40 hours (and the rest is a flat rate anyway).

I'm currently 18 weeks

How far along are you currently?
Going part time now might not actually make a difference in how much statutory maternity pay or maternity allowance you get.

Just checked. In fact hmrc says the relevant period is usually the eight weeks leading up to the “qualifying week” which is 15 weeks before due date.

So, approx weeks 17-25. Does that help you?

thanks so still might be ok?

Sorry just saw your reply.

In this case it will make a difference to how much you get paid in the first 6 weeks as it would be calculated as 90% of 20 not 40 hours.

I would flag this to your employer. In her position I would be trying to help you by keeping you at 40hrs for the qualifying period, if I could help you at all. Make sure as another PP says that she is aware of the small business support for SMP from hmrc.

Also, are you paid through a nanny pay agency or direct from your employer?

Ultimately though if they can keep you on, 90% of 20 hours is probably better than 6 weeks at £148.

And you could seek another job elsewhere with the spare hours. You wouldn’t qualify for SMP with the second job ( though you can get paid smp from two different employers as long as you’ve worked with each for long enough).

Ok, you're not far enough along for it to not affect your maternity pay. And changes after 25weeks won't affect your maternity pay but anything before will.

You could see if they'd agree to you going part time after a notice period of 4 weeks. At least that way half your qualifying weeks will be at full time wage.

But unfortunately because you've been employed by them for less than 2years your rights are pretty limited.

They have also hinted that if I could go on my maternity leave earlier than written in the email, but I have said no.You don't force me to do that just for your own benefit.

This sucks.

SMPis paid by the DWP not your employer so just sign on

There's no reason for them to wiggle out of paying you SMP as they can claim it all back (apart from the costs of your accrued leave).

I too think it's very unlikely that she's intentionally made herself redundant to avoid paying you, it sounds as if they are trying to make things easier for you by just reducing your hours rather than just making you redundant.

I know it's not ideal - but it's very unlikely to be personal.

I'm very sorry for your situation. If it's true she has lost her job then it's not really her fault and it would probably mean she will make you redundant. If you have enough weeks NI then you should be fine with SMP, citizens advice can confirm. Unfortunately I think it's quite a common event for employers that don't necessarily understand their legal obligations, as her comments about changing your dates and it being inconvenient show. I would similarly view the redundancy timing as suspect but on the other hand in my industry there are 1000s of people getting laid off. There isn't that much you can do though as taking her to tribunal will be very hard, and it's a small world in most areas, so she could bitch about you locally and it'd be hard to come back from. I was in a similar situation in some ways, but I kept the nanny on when I wasn't working , and she returned after mat leave, I didn't reduce hours because didn't want to disadvantage her, I'm sort of paranoid about generating bad karma in my life! Cost me about 20k while I was earning nothing, it's been a complete nightmare tbh but that's from my rather selfish point of view as the employer I guess.

At least you have a job. Your employer has lost hers. I assume she is keeping you on for reduced hours rather than making you redundant as she is a. trying to ensure you get something for maternity and b. hoping she will get another job where she will need you again.

There’s a legitimate case for making a redundancy if she no longer needs a full time nanny. Losing her own employment would be adequate justification. I assume that she’s looking for alternative roles, which I why they have suggested keeping you, but on reduced hours. You should ask them for a copy of your signed contract. I expect that the terms will be fairly standard, so I’m not sure what you’re expecting to find in the contract (most would have SMP as standard for maternity leave).

You’ve been with them for 8 months and you’re already 4.5 months pregnant. You mention that this is having a massive impact on you. This is also having a massive impact on your employer. Our new nanny started 5 months ago. If she announced she was pregnant so soon after starting, I’d be very unhappy. Thankfully my line of work means I know how to manage the situation without incurring legal risk. I hope your employer had taken legal advice herself