Redundancy for nanny without a contract.

[knakered]

Our nanny started work for us on April 12 last year - I gave her a draft contract to comment on and it had never come back. I now need to make her redundant what are my duties as an employer (financial and process)

I don't think you can make her redundant unless you are planning on using totally different type of childcare.

You can only make someone redundant if the job is no longer needed and will no longer exist. Is your child going to school/nursery/looked after by you?

Yes I am a freelance consultant and have no further projects booked

what was the notice period in the draft contract? she has worked for you for less than a year. why not just give her notice? is she entitled to any redundancy?
having read your other thread i personally would have summartily dismissed her when she was rough with my toddler IN FRONT OF ME

Sorry what is the differnce between "notice" and redundancy??

It's irrelevant whether she has a contract or not unfortunatly. If you get rid of her without a good reason and she takes you to an employment tribunal they will look at her conditions of employment and will assume that she has one. You'll get a telling off for this though. Sorry
Why didn't you get rid of her if she was rough with your child? This is grounds for an automatic termination of employment. You can't use this if you have left it though.

bump this in the morning when some employment lawyers may be around...my (probably) wrong thought was that redundancy issues only arose after a year of employment.... before that you couuld terminate in accordance with notice period in contract....

It would be a real bugger to make her redundant, you have to consult her and give her time to respond. It could take you a while to get rid of her if she goes for legal help. What's she been doing?

Still dont know diff between notice and redundant...?? she has been with us less than a year...in hind sight I should have moved with the baby incident - I feel terrible about this - not about any legal stuff but that I stood by and watched she has apologised..?

Google nanny and redundancy and you'll find plenty of information. Here's a link to information from a payroll service that indicates that if she's been with you for under 2 years, you aren't required to pay redundancy.

This link seems to say the same thing.

And this site is a government employment help website. I couldn't find the exact information you are looking for, but I'm sure there is a contact number somewhere in there.

UK Redundancy Information for Employers - from BERR (formally DTI)

This employee has less than 2 years of continuous service, thus does not qualify for redundancy payment (statutory redundancy scheme, Employment Rights Act 1996).

Try using this interactive tool from BusinessLink, with regard to how to correctly end the employment.

Are you sure you won't want another nanny for two years?

I would terminate her employment, effective immediately for arguing with me. My nanny contract lists insubordination as grounds for immediate dismissal. And arguing with me about whether it was appropriate to shout at my children would definitely go in the insubordination category.

I would terminate her. And I wouldn't think she'd have much defense without a contract.

Is your book keeping all in order? Can you establish when she started and when she finished with payslips, bank statements, etc.)

you need to sort her out properly. if you have already told her she is to be made redundant this is wrong.... before you sit down with her you need to be v clear what you plan to say, what the agenda is. you clearly had good grounds for summary dismissal but would appear to habve missed the moment by not acting at the time and by now talking about redundancy. if she is not to be "sacked" then she should formally be given notice. you should first decide whether she is to work out her notice..... could you reallly trust her after her behaviour?

you need to sort her out properly. if you have already told her she is to be made redundant this is wrong.... before you sit down with her you need to be v clear what you plan to say, what the agenda is. you clearly had good grounds for summary dismissal but would appear to habve missed the moment by not acting at the time and by now talking about redundancy. if she is not to be "sacked" then she should formally be given notice. you should first decide whether she is to work out her notice..... could you reallly trust her after her behaviour?

you need to sort her out properly. if you have already told her she is to be made redundant this is wrong.... before you sit down with her you need to be v clear what you plan to say, what the agenda is. you clearly had good grounds for summary dismissal but would appear to habve missed the moment by not acting at the time and by now talking about redundancy. if she is not to be "sacked" then she should formally be given notice. you should first decide whether she is to work out her notice..... could you reallly trust her after her behaviour?

you need to sort her out properly. if you have already told her she is to be made redundant this is wrong.... before you sit down with her you need to be v clear what you plan to say, what the agenda is. you clearly had good grounds for summary dismissal but would appear to habve missed the moment by not acting at the time and by now talking about redundancy. if she is not to be "sacked" then she should formally be given notice. you should first decide whether she is to work out her notice..... could you reallly trust her after her behaviour?

you need to sort her out properly. if you have already told her she is to be made redundant this is wrong.... before you sit down with her you need to be v clear what you plan to say, what the agenda is. you clearly had good grounds for summary dismissal but would appear to habve missed the moment by not acting at the time and by now talking about redundancy. if she is not to be "sacked" then she should formally be given notice. you should first decide whether she is to work out her notice..... could you reallly trust her after her behaviour?

blimey. not sure what went wrong! sorry.

I think an interesting point here is what would be implied as the contractual terms for insubordination/maltreatment of children.

As avenanap is right, terms and conditions (which will be those of a "typical" nanny contract) will be taken to apply to the job despite your not having concluded a written contract. So, can you take it that her terms include summary dismissal for what she has done? My gut feeling is yes - but that is pure gut, based on a bit of experience but absolutely no technical knowledge.

I think this is a case for you calling ACAS. (If you want to go with the redundancy option, they can also advise you about that.)

of sourse that fact she has no contract is completely your problem...

as an employer you are legally responsible for sorting it out...

weather signed or not your nanny can use the contract and is quite in her rights to expect whatever is in that unsigned contract to happen

As she has worked for you for less than 2 years she is not entitled to redundancy pay but is entitled to 2 weeks notice or more if more was written in that unsigned contract

NannyL, take a chill pill.

And, actually, I think that Knacked has fulfilled her employer obligation by handing over the contract to the nanny. It is probably nanny's fault that she never signed it or returned comments.

Athene...

Have been having that discussion / conversation with ACAS AND my legal cover with my nanny insurance and they both assure me it is ONLY the employers who are responsible for contract, (technically it doesnt have to be a contract, a 'statement of employement' or whatever its called? (along those lines) is what an employer legally HAS to sort)

She's done that from what I can gather in her OP.

But, this thread is a spin off of another thread and there is plenty of suggestion that the nanny in question should be sacked and not made redundant. In which case, she would not be entitled to squat. If she was my nanny, I would say "Get out... NOW" and take her key off of her on the spot.

Nanny justifying shouting at the children