Child starting school a redundancy situation

[Rebfee]

Hi there,

Our youngest is starting school so we wouldn't be able to offer our nanny the hours she needs. We had the same situation with the same nanny with our eldest and have her four weeks notice and there was no issue.

This time we are letting her go earlier than September to spend summer in wales.

She is pregnant and due in October so we will be responsible for her mat pay which is fine and we have no quibble over.

Our payroll agency believe we should also pay her statutory redundancy too which I don't agree with. Has anyone else had this situation?

Assuming your nanny has been employed by you for 2 years or longer, then I agree with payroll that the position of nanny working x hours per week is being made redundant. You may have an alternative position of after-school nanny working y hours per week available, which would need to be offered.

I don't know why you did not have this issue previously... maybe they had not worked for 2 years or more and thus no Statutory Redundancy Pay applied.

This time we are letting her go earlier than September to spend summer in wales.

Depending on when she is due in October she can start maternity leave from 12th July. So I don't think her being pregnant makes any difference to the situation... she can be made redundant whilst on maternity leave if the job role no longer exists.

I dont understand what you mean "you dont agree with" having to pay her statutory redundancy, it's a matter of fact isn't it, she is either redundant and has met the minimum employment time for statutory redundancy in which case you pay it or she is not either by not having been employed long enough or because you will have a job for her after maternity.

Can you give a bit more details? The redundancy thing is confusing because she is either owed it or not?

I dont agree with lots of laws but still have to abide by them!

The job she has doesn’t exist any more so she is Being made redundant

If she has been with you over 2yrs you pay redundancy

Being pregnant has nothing to do with it

Why don't you agree with it?

This is very clearly a redundancy situation, defined under s139 of the Employment Rights Act as a reduced need for "employees to carry out work of a particular kind". If she has two or more years service you will need to pay her redundancy. This is calculated by a formula. For anyone aged between 22 and 41 it is 1 weeks pay per year of service, with a weeks pay capped at £539 (I think).

@Rebfee how did you resolve this

Hope you paid her redundancy