Replacing nanny with their cover

[Tryingtohaveital]

Hi all
Long time reader and first time poster here.

We have a nanny who has been with us for less than 1 year.

We had been having discussions round her work and what frequently gets missed / things not being done per the outline. we have had a nanny before for many years so I know that the work is reasonable within the time frame allocated. None of this discussion was documented in writing - it was all verbal.

now she is gone off on an extended sick leave and we are paying SSP.

in the interim we have hired cover - and we love the new nanny. She’s a delight and she’s a literal Mary poppins. It has made me realise how much the old one was not doing and much I was accommodating her. I want to keep our cover as my regular person and she is happy to do so as well.

I’ve been speaking to stafftax and asking what my options are and they just say there’s risks with each one but aren’t really articulating what those are so that we can weigh them.

has anyone had any personal experience of this type of situation and is willing to share their thoughts / outcomes please?

fundamentally we are happy keep paying SSP as is the right but we don’t want to keep her as an employee on her return.

Thanks all in advance

You can give your original nanny notice so long as it isn't discriminatory - if the reason she is on leave is related to maternity or disability you can't discriminate against her.
Have you tried calling ACAS for advice?

I think you just give the original nanny notice, pay her for the notice period, and hire the new one, but I’d check with ACAS.

As she has been with you less than a year you can replace her

Give notice

Ssp think you /she claims from the government so you won't be out of picket but it's a small amount

What is wrong with her /or how likely is she to be away from work

How long have you employed her?

Look at your contract. Is there a notice period? What does it say about holiday?

Lots of info on here.. but in short, you can give her a weeks notice at full pay and settle up any holiday and employ a replacement.

ACAS can advise on wording of letters and timing and your payroll company will help with remaining holiday etc.

Unfortunately for your nanny, being on sick leave does not protect her from being given notice and being employed less than 2 years gives her no additonal protection or requirement to work through a disciplinary procedure.

https://www.citizensadvice.org.uk/work/dismissal/check-your-rights-if-youre-dismissed/dismissal/your-notice-period-during-dismissal/