Nanny returning from mat leave

[Tessarc]

Anyone out there with similar situation / advice?
Our wonderful p/t Nanny has been on mat leave and is due back in March. We have said she can bring her baby to work with her but her hours would be a little reduced as DS is now at nursery sometimes, (which she was aware of prior to her mat leave and said suited her). DS is starting school in September so she would no longer be needed then (which she is also aware of). We are fully expecting to pay redundancy then as is only fair and right.
However we’ve heard from someone who has just offered her a full time role (that she can take baby to). We’ll give a glowing reference but she is now angling for redundancy money from us. Surely if she has a better job offer she should be simply resigning? Not only will we be without childcare (her mat cover replacement can’t continue beyond march) but we’ll be forking out redundancy pay too!
I am hoping things can end well as she’s been fantastic, a part of the family for 3 years

If she is leaving then you aren't making her redundant. Has she actually given notice? In what way is she angling for redundancy money?

You aren't making her redundant, she's leaving for another post. I'm not even sure you should have been paying her redundancy in the first place. Just tell her that she's leaving and that you don't get redundancy when you choose to leave a job.

She gets redundancy money if she stays until you no longer need her. Not if she goes of her own accord.

I would expect her to work until I no longer needed her, at which point I would be prepared to pay redundancy because you are making her job redundent. Doesn't matter if she has a new job lined up for the very next day.
However, if she is leaving before you are ready and she is leaving you in the lurch to start a new job, then she is resigning and you don't pay redundency. I would fully expect her to work her full notice unless I found a replacement, in which case I'd release her from her contract if she wanted.

She isn’t entitled to redundancy money unless you make her redundant if she leaves of her choice beforehand you don’t have to pay it.

She’s lining the job up to start immediately at the end of her mat leave period in March, so she wouldn’t return to us after mat leave

Thanks guys! That’s what I had assumed, just wondered if I was being naive

Sounds like she's changing her arm or doesn't understand what redundancy is.

Don't entertain her

You aren’t making the post redundant in March, but in September. So she has no entitlement to redundancy until such time as the role is redundant. End of.

She’s lining the job up to start immediately at the end of her mat leave period in March, so she wouldn’t return to us after mat leave
Have you been paying her mat pay?

Frusso, yes, paying mat leave

(I mean mat pay)
(sorry, I’m new at this and don’t know how to reply to specific replies!)

But you are changing her hours so she’s not returning to the same role as before maternity leave?

Only very slightly less (ie 3 hours less), which she agreed to before mat leave (albeit verbally) as she said she’d want to do less hours with her little one coming to work with her

Shame if she seemed lovely but that is not redundancy. You simply have to say you aren’t redundant, we need childcare. If you resign we can’t stop you of course.

Ok a verbal conversation probably doesn’t have much weight especially if she disagrees with what was said. Three hours less a week could be construed as a pretty substantial change. Maybe try posting this on the Employment topic. There used to be a fantastic poster called Flowery who was very helpful. Not sure if she’s still around but hopefully somebody knowledgable in up to date legislation might respond.

If she doesn't return after mat leave shouldn't she repay some of the maternity pay? I recall I was obliged to return for 12 wks at least or forfeit some of the maternity pay

Hoho only if it's enhanced, if it's statutory then no.

That's what I was thinking hoho. If she's told you she's choosing to leave before September (when the job hours would change) then that is her resignation. You don't get redundancy for resigning.

Have you paid her employer based maternity pay if so is it in her contract she must return to work for a period of time or pay it back? If so let her go tell her that you are willing to write off this amount give her a glowing reference but no redundancy pay will be given as she has chosen to take employment elsewhere. Remind her of the contract and that not insisting on her returning/paying back her maternity pay is a good will gesture due to her service and wish her well