Nanny having operation- help please

[Goosethemoose]

Hi, our nanny is unexpectedly having an op and will need 8 weeks off, and then may not be able to lift (or certainly would prefer not to) after that.

How do we proceed? Totally stuck. Don’t want to lose her but can’t realistically have a nanny who won’t lift- DC are under 4, so it’s a safety issue. Don’t want to end up in a tribunal and want to do right by her, but need a solution until eldest starts school in Sept.

Please help, if anyone has had this situation or has some advice? Very stressed, we’ve had very little notice.

How long has she been with you? Presumably she will be signed off for the 8 weeks? After that will she receive a fit note which says she is fit for work as long as she doesn’t do any lifting, which you’ll have to decide whether or not you can accommodate?

Less than 2 years. I think she will be signed off for 8 weeks, not clear beyond that. She has said (verbally) that she wants to come back and not do any lifting.

Do you know what the operation is for?

Yes, I do although don’t want to say here. Not lifting seems reasonable, in all honesty, and I don’t want any harm to come to her through fulfilling her duties for us.

I should have expressed it better - if it’s for something that classes her as having a disability, you need to be careful.

Oh right, I see. No, I think it’s a one-off procedure. She should be able to lift in say, a year. Just not necessarily 8 weeks and 1 day after the op.

I’m wondering if the under 2 years part means we don’t need to provide a reason for termination of contract?

FML that's a bit harsh Eddie. Most mere mortals tend not to pay for childcare they don't need so it's unlikely pp is doing fuck all every day while someone else looks after the kids.

I do need to work- to pay the nanny

@eddiemairswife

I would contact your nanny PAYE provider - they usually come with a certain amount of legal and HR advice. It may be that you will have to make the nanny redundant on the basis of capability if she cannot lift and so cannot perform her duties, or alternatively employ a cover nanny if you think she can come back sooner. I think if you have children under 4 for whom she is in sole care she cannot be in a position not to be able to lift them without injury. You will have to go through the proper procedures to risk assess etc so talk to your PAYE provider to see if they can help with the legal process to do right by her.

I’m still chuckling…!

Unfortunately I run payroll myself, so I’ll try the payroll provider but don’t think they’re HR experts. Wondering whether I need a solicitor or HR consultant perhaps?

[quote Xiaoxiong]@eddiemairswife

I would contact your nanny PAYE provider - they usually come with a certain amount of legal and HR advice. It may be that you will have to make the nanny redundant on the basis of capability if she cannot lift and so cannot perform her duties, or alternatively employ a cover nanny if you think she can come back sooner. I think if you have children under 4 for whom she is in sole care she cannot be in a position not to be able to lift them without injury. You will have to go through the proper procedures to risk assess etc so talk to your PAYE provider to see if they can help with the legal process to do right by her. [/quote]
Dismissal due to capability is not redundancy. Redundancy means the work is not there anymore.

How close to 2 years service is she, OP? Would her notice period take her past the 2 years now?

@eddiemairswife useless comment piss off.

OP I would 100% speak to an employment solicitor or if not perhaps sign up to an HR scheme but personally I would ask a solicitor. You should be able to Google where you stand in general then armed with that and any helpful information then be able to speak to a solicitor and work out what you can and can't do. No way I would do this on my own as her employer. I hired a nanny for 5 years and always erred on the side of caution with anything that sent me thinking hmm not quite sure where the law stands here. There are specific rules that get more complicated after the two year period but this kind of thing may create extra complications before that period.

If you see an employment solicitor they will be able to guide you as to what you can and can't do. I'm afraid in your shoes I'd be looking to replace her.

No, more like 18 months currently. Sorry, trying to be vague but truthful enough to get good advice!

If the issue she needs the op for has not and will not be an issue for more than a year it would not be considered a disability.

I’m a HR professional of over 20 years, OP. I’m happy to give advice but need some more detail to do so. DM me if you like.

If she has been employed for less than 2 years and the operation is not related to a disability you can just give her notice.

Thank you, maybe we need to shell out to get proper legal advice. I imagine it’s a quick question for someone who knows their stuff!

What is in her contract regarding sick pay and absence? For instance mine is 6 weeks at full pay then up to 6 months sick pay, dp has 6 months full pay and 2 years sick ... you need to abide by whatever you agreed

Does she have contract, are you using a payroll company and have you been paying your employer insurance? Does she also have insurance?
If so, then you need to:

1. Ask her to provide a fit note from her doctor
2. Review what's in her contract re sick leave (and if it's nothing, if possible then is still the decent thing to do to provide something more than statutory sick pay, but that's your call)
3. Sort out her pay while ill statutory sick pay guide - you legally have to pay her for up to 28 weeks www.gov.uk/employers-sick-pay, there is a calculator to help or otherwise the payroll provider will be able to support
4. Check if her or your insurances provide her with anything extra.
5. Look at temporary cover while she's away.
6. Afterwards, you might need an adjusted fit note. If she still can't do her work after the operation, that's a different discussion, especially if lifting is an integral part of it, e.g. with a younger toddler.

Yes, you can let someone go without cause with under 2 years service, but if it's a medical condition then as well as pretty immoral, it's quite possibly a breach of equality legislation (and that's still illegal no matter how long the employment).

@OverTheRubicon

Does she have contract, are you using a payroll company and have you been paying your employer insurance? Does she also have insurance? If so, then you need to:

1. Ask her to provide a fit note from her doctor
2. Review what's in her contract re sick leave (and if it's nothing, if possible then is still the decent thing to do to provide something more than statutory sick pay, but that's your call)
3. Sort out her pay while ill statutory sick pay guide - you legally have to pay her for up to 28 weeks www.gov.uk/employers-sick-pay, there is a calculator to help or otherwise the payroll provider will be able to support
4. Check if her or your insurances provide her with anything extra.
5. Look at temporary cover while she's away.
6. Afterwards, you might need an adjusted fit note. If she still can't do her work after the operation, that's a different discussion, especially if lifting is an integral part of it, e.g. with a younger toddler.

Yes, you can let someone go without cause with under 2 years service, but if it's a medical condition then as well as pretty immoral, it's quite possibly a breach of equality legislation (and that's still illegal no matter how long the employment).

Not if it doesn’t meet the criteria of disability as set out in the Equality Act 2010 it isn’t.

Not if it doesn’t meet the criteria of disability as set out in the Equality Act 2010 it isn’t.

That's why I said 'quite possibly'