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Help - made my Nanny Redundant

30 replies

kitkat1967 · 25/05/2010 19:11

Hi, I used to have an after-school nanny for my 2 children but when one moved to a different school and did not require care I decided that I no longer required a nanny. Unfortunately my nanny was on maternity leave at time so I left it a while before formally issuing her redundancy notice.
Now generally my mum or I pick up the remaining DC with occasional help from a teenage neighbour. As it happens my mum is now undergoing treatment for breast cancer so I am having more help then I expected but have not employed another nanny (it is just for a couple of weeks).
My problem is I now have had a formal letter from previous nanny saying she believes I have employed someone else and to reply in writing etc. as to why I terminated her contract so she would not have a job to return to when her maternity leave finished.
So my question is - she was employed as a nanny to my 2 children and now 1 is clearly not there. I do not need a nanny, I need occassional help with 1 DC but not on a regular basis but I do I have to justify this to her?
BTW she did not qualify for redundancy pay as she was not with us for 2 years but I did pay all the outstanding holiday etc.
I just don't want a long drawn out discussion about this as it is I want to move on.
Help

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StillSquiffy · 27/05/2010 08:19

That's about it Strix. The rule in a redundancy is not about 'time', so to speak, but about whether there was ever a 'genuine' redundancy in the first place. If the reason for the redundancy passes quickly then it is always best to offer the redundant person the job to avoid any claim that it was not a genuine redundancy in the first place.

You are unlikley to have any problem in your situation, but it wouldn't surprise me if it drags on for a while - it will depend on whether she believes you or not. Unfortunately the easiest way of closing this down might be to send proof of your mum's illness to her solicitors (if she appoints any).

DoulaKate · 27/05/2010 22:07

Kitkat.
Don't worry. It sounds like the legal advice you have taken is correct and the current "job" your teenage help does is fundamentally a different job to that of your previous Nanny. She should not be able to make any claim. Sounds like she's trying it on to me! I made our Nanny redundant last year and had to look into these things..it's a mine field! It sounds to me like you're safe on this one. Did you actually pay your Nanny the relevant redundancy pay?

kitkat1967 · 28/05/2010 12:41

Thanks Doula, I tried to be so careful as I know this can be a minefield but at the end of the day I am not an employement laywer or expert. I paid everything I should have (I believe). It was all calculated by the accountant but she hadn't been employed for 2 years (even including the time on mat leave). My accountant had not realised I had to pay for Bank Hols whilst she was on maternity leave (I think the law may have recently changed on this) but on further investgiation I paid that in addition.
She has chosen to pursue this further so I can't say too much - will put some updates about it at a later date.
Also my mum has had her op and it was a success, she is feeling well and very relieved.
All in all I have not had much sleep over the last few nights but I suspect this is going to run for some time so I'd better get used to it.

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StillSquiffy · 28/05/2010 12:58

KK I had legal trouble with an ex nanny a while back (it didn't last long but was unpleasant for a while because she had a solicitor who knew nothing about employment law but lots about intimidation). Feel free to cat me if you want to offload.

kitkat1967 · 28/05/2010 14:11

thanks Squiffy that's a very kind offer that I may need to take up. At the moment I am going to try and push this to the back of my mind and enjoy my bank holiday weekend as I doubt I will hear anything before next week.
thanks.

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