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Paid childcare

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

Original poster

Need to make nanny redundant - if you have done this did you go through all the procedural steps as required by the letter of the law?

33 replies

bossykate · 04/02/2008 14:10

hello everyone

i have stopped working and will therefore need to let my nanny go. he has been with me less than a year, so is not entitled to redundancy pay etc etc.

however, i have just been informed by my payroll company that there are a number of steps i should follow:

  • request a meeting in writing to which he should be entitled to bring another person
  • at meeting discuss possibility that job may be made redundant
  • convene another meeting after an unspecified period of time to confirm that job is being made redundant and confirm leaving date.

now i am all for workers' rights and i'm sure this makes sense in corporations where there may be the chance of another job in the company...

but that simply doesn't apply here. i'm tempted just to give him contractual notice, a fantastic reference and do all in my power to help him find something else (he is very good).

has anyone else made a nanny redundant and if so did you follow all the procedural steps?

TIA

oh and btw i have assumed he will work his notice - is that a really bad idea?

OP posts:
flowerybeanbag · 04/02/2008 14:15

Haven't ever made a nanny redundant, but with less than a year service I wouldn't go through all that palaver, you don't have to, they are talking rubbish. You don't even have to give a reason for dismissal at this stage.

Original poster
bossykate · 04/02/2008 14:17

thanks fbb. don't get me wrong, having been made redundant myself, i think it's important there's a proper procedure...

but that did seem way ott for the situation...

my payroll co did tell me that if i didn't follow those steps, he would potentially have a claim against me for not following procedure. i can't imagine he'd bring action and i don't think i would be being unfair to him if i didn't go through that rigmarole.

OP posts:
flowerybeanbag · 04/02/2008 14:21

I honestly can't see what claim he could have with less than a year - you don't need to say it's redundancy anyway, you can just let him go.

Leaving that aside, I think it's ok to look at the individual situation, and, as long as you aren't breaking the law, decide what procedure, if any, is appropriate. I would imagine if you hvae a good relationship with him, a conversation explaining the situation, reassuring him you will do all you can to help him find something suitable (including days off for interviews or whatever if poss) and will give him a stunningly good reference will go down better with him than a procedure which will seem ridiculous and pointless to both of you.

BirdyArms · 04/02/2008 14:21

I made my nanny redundant 2 weeks ago. I just told her verbally when I got home one evening although you are making me think I should put it in writing too. She would think I'd lost the plot if I'd followed the steps your payroll people recommend!

Like you I have had her for less than an year so no redundancy pay. I had agreed six weeks notice with mine and the sixth week we are going to be on holiday so she will get 6 weeks pay for 5 weeks work which should give her an incentive to stay. Otherwise I would have worked out some sort of bonus as i would be really stuck if she didn't cover my own notice period. I was worried about this because she was quite happy to leave her previous employer in the lurch to start with me - I didn't let her and had my in-laws look after the dc for a week instead, but she would have left them without a second thought.

flowerybeanbag · 04/02/2008 14:22

Oh, and FWIW, I don't know what payroll company you are using, but I am looking for a nanny myself and have ruled out one of the big nanny payroll companies because of worryingly inaccurate and out of date employment law advice they have on their website for parents to access...

Original poster
bossykate · 04/02/2008 14:26

i'm using nannypaye. when i next get a nanny should i use someone else? yikes they are vg on the payroll stuff!

OP posts:
flowerybeanbag · 04/02/2008 14:29

It wasn't nannypaye I found the scary inaccuracies on. If they are good at the payroll stuff stick with them, I'd just be inclined not to rely on them or any of these companies for employment law stuff. You can check stuff like that out yourself if you have the time. Or come on here

Original poster
bossykate · 04/02/2008 14:32

actually, you're right if you have a serious employment law question - you should see/speak to a specialist! i thought i would be running minimal risk (and i genuinely think being fair to my nanny) by not doing full on procedure, but just thought i would check it out here on mumsnet!

thanks also to you birdyarms for your post - i'm lucky i'm not working so it will not be a major hassle for me if he decides to jack it in. good luck

OP posts:
flowerybeanbag · 04/02/2008 14:34

Trust your instincts - as birdyarms says, he'll probably think you have gone a bit loopy if you do what your payroll company says!

princessmel · 04/02/2008 17:22

I have worked for a family for 11 years. The child is due to start secondary school soon and I think they'll make me redundant.

Will I get any money?

princessmel · 04/02/2008 17:24

Thats sounded mercenary(sp)! Just wondered if anyone knew anything about my situation.

flowerybeanbag · 04/02/2008 17:28

What sounded mercenary?

Yes you will get some money, see here about the procedure and here about the money.

flowerybeanbag · 04/02/2008 17:29

Oh you mean you sound mercenary asking about if you will get any money? After 11 years not at all mercenary!

nannynick · 04/02/2008 18:58

With just 1 employee, who has been with you for under a year... I wouldn't bother following the redundancy procedure - ACAS: Redundancy

The Disciplinary and Procedures booklet says
"A failure to follow any part of this Code does not, in itself, make a person or organisation liable to proceedings. However, employment tribunals will take the Code into account when considering relevant cases."
So in the worse case scenario, if it went to tribunal, then they may take it into account - but as there is just one employee, I would expect a tribunal would be happy if you had just had a quick chat at some point. (Note: I am not an employment lawyer, so seek legal advise if you really feel it is necessary.)

What I would do is:
One evening, have a quick chat with him letting him know that you are no longer working and thus you are considering what to do about childcare and that it is possible that you will not be requiring him much longer.
The next day, let him know that you have made a decision and that you will not require his services from x date. Sweeten it with letting him know about when his last pay date will be, that you will write him a fantastic reference plus provide verbal references upon request.
I would suggest that you add some kind of bonus especially as you are wanting him to work the notice period - as he may need to spend a week or more looking for jobs, which he may not be able to do during the notice period. If you can afford to add say a week's pay - I'm sure he will appreciate it.

princessmel · 04/02/2008 19:42

Thanks flowerybeanbag. I know, 11 years is a long time.

flowerybeanbag · 04/02/2008 19:46

That's amazing. So amazing that I just checked your profile to see if you lived near me and wanted to be my nanny. Sadly, you don't

nannynick · 04/02/2008 19:48

princessmel - 11 years is a very long time in nannying terms. I feel you are entitled to redundancy payment... but if you get it or not is another matter, as parents don't always think about it. Having nannied for the family for 11 years, your entitlement could be over £3000. Try This to calculate your redundancy pay entitlement.

Original poster
bossykate · 04/02/2008 19:49

fbb, how is your search going then?

OP posts:
princessmel · 04/02/2008 19:51

I'm very dedicated!!!

Its just gone on and on. I was supposed to work till he was 5 and just never stopped. I only do after school and all day in the holidays now. And I don't look after his brothers anymore as they are 18 and 16. They were 7 and 5 when I started.

I don't think I'll get loads as I'm not on full time money anymore.

If they don't mention it , I will.

princessmel · 04/02/2008 19:53

Cool car Nick

flowerybeanbag · 04/02/2008 20:00

bk my search is going BADLY

I have advertised on nannyjob and gumtree (bumped a million times) with v little success. No one wants to work for me and look after DS. He is getting very put out.

I have had one girl v keen but no experience or qualifications, one woman who didn't seem convinced she was that interested in working with children , one who seemed fantastic but announced as we were organising an interview that she was only interested if she could bring her son to work which I cannot accommodate. And a couple of enquiries who have disappeared when I answered their questions.

I was resisting using agencies but I may have to...

nannynick · 04/02/2008 20:08

fbb - sorry to hear your hunt for a nanny isn't going well. Where are you located... is location part of the issue, as in some areas there is not a great demand for nannies. Or are you finding that you are getting applicants - but just not suitable ones!

flowerybeanbag · 04/02/2008 20:12

Cambridgeshire. I've no idea whether it's the location tbh. Probably is, as I am not getting v many applicants at all, not even rubbish ones!

You did suggest putting an ad in the local paper which I am considering doing, but based on experience of advertising in local papers for other posts (for work), I was hoping to get away without doing that in anticipation of a flood of unsuitables and no administrator to deal with them all for me .

nannynick · 04/02/2008 20:23

Alas that is probably your next step, unless you want to pay an agency to shift through the applicants instead. Maybe worth having initial discussions with a couple of agencies in the area, just to establish if they have nannies on their books looking for the kind of job you are offering.

flowerybeanbag · 04/02/2008 20:25

Might have to I reckon...