need to let nanny go - want to do the right thing

[finchBird2501]

HI, I am really trying to do the right thing and be very generous with my nanny so please help. She's been our nanny for 3+ years, really like her. She also helps a ton around the house & is a huge help to me. As a working mum she has been a lifeline. We pay her a set amount weekly for

She's been our nanny for 3+ years
While we have been in lockdown, we decided to move out of London and will move in August.

This is a redundancy situation. It is a legitimate redundancy as you are moving home which is further than any relocation clause that may be in your contract (check the contract but a relocation clause if it is there tends to be up to 10 miles).

Here's my difficult bit -- she's pregnant.
It is perfectly legal to make someone redundant even with them being pregnant. Depending how far in to her pregnancy she is, there may be a way of still providing Statutory Maternity Pay should that be something you want to look at. Talk to your payroll provider - you will need to know her due date.

She needs to 'work' at least some part of Qualifying Week.
If you know her due date then you can use this calculator to find out Qualifying Week: www.sdworx.co.uk/en/resources/smp-dates-calculator

If she is due in late November or possibly early December her qualifying week may be in August. So would then depend on when in August you move.

If she is due later, then she won't qualify for SMP but may qualify for Maternity Allowance.

The Maternity Action website has useful information about redundancy whilst being pregnant aimed at employees but would be a useful read for you as the employer: maternityaction.org.uk/advice/redundancy-during-pregnancy-and-maternity-leave/

Surely it's worth giving her the option to travel. She might even decide to relocate

I too was going to suggest giving her the option to travel, or at least let her check how the commute goes. (I had a casual staff member commute 3hrs a day to work when heavily pregnant and her husband had a well paid job!). Does she come daily for a few hours? Rather than 5 days a week, would say 2 or 3 longer days work?

You'll still be left with needing to find a new nanny though down the line, so likely is better to find someone local from the start. ACAS might be useful to look up too.

Would there be the option to stay overnight and do 2 long days in the short term as you will take time to find a new nanny?

I'd be very careful indeed here. She may well try to get maternity pay from you or bring a claim alleging pregnancy discrimination is reason for being let go. If I were you, I'd take legal advice before doing anything.

Thank you everyone for the responses.

@nannynick - so much valuable information! Thank you! I had my children abroad so do not understand all of the statutory pay details or maternity entitlements. Your post helped a ton! Looks like we might be able to keep her through her qualifying week and she will be able to go straight into a paid maternity leave which will be much less stressful for her.

Unfortunately we don't have an extra room for her to stay in the new home and DH and I work 5 days/week so even if she worked 2 full days/week we'd still require a nanny the other 3 days. We cant afford 2 nannies

Certainly will ask her about commuting - but she currently walks to our home so I can't see her making that choice esp. late in pregnancy.

Appreciate all of the comments.

Her working in Qualifying Week I think is best for her. Talk to your payroll provider, they will be used to applying for SMP funding and having redundancy occur very shortly after an employee qualifies for SMP.
This is a way of getting the employee the most money without costing the employer huge amounts. Best of a bad situation.

If you can keep her on till she is on ml then She would get the smp which is 6w at 90% of pay then £151 for 33w

Rather then 39w of £151 as ma

Won’t cost you anything as government pay

Earliest she can start ml is 11w before baby arrives so 29w preg

Tho I sure I started at 26/27 as had terrible hg and was shattered and old mummy at almost 44

So find out her actual dd and work backwards - maybe a few weeks after you move