Hi there

We currently employ a nanny, who is on maternity…

Question

Hi there

We currently employ a nanny, who is on maternity leave. My wife has been made
redundant and we no longer need childcare. Can I make her redundant, and if so,
do I need to offer an alternative position given that we have no need of
childcare any more? What process do I need to go through to make her redundant?

Many thanks

Ben Jones · Accepted Answer

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question
today. How long has she been employed by you for?

Customer:

She will have been employed for two years at the end of her maternity leave.
Right now it's about 18 months.

Customer:

Hi - did my reply get through?

Ben Jones :

yes just getting my advice ready now

Customer:

No probs - just unsure I was working this properly. Take your time.

Ben Jones :

If you no longer require childcare then it is entirely possible to make this
employee redundant. You still need to follow a fair procedure to ensure that the
dismissal is procedurally fair but as long as you do that correctly then I do
not see any issues with her having any grounds to challenge the dismissal.

Even if she is on maternity leave you are still able to proceed with the
redundancy and terminate her employment before she returns.

The following are the general steps you need to follow:

* Inform her that her position is at risk of redundancy because your wife has
   herself been made redundant and is now looking after the child full time, as
   such there is no longer any need for her position to remain open

* Ask her to attend a consultation meeting with you to discuss this, if she
   cannot attend then it is possible to consult with her over the phone or in
   writing. Basically you need to explain the reasons why she is at risk, what
   options, if any, are available to her and allow her to put forward any ideas
   if she has to try and avoid being made redundant (even though it is unlikely
   this can be avoided in the circumstances

* You only have to offer her suitable alternative employment if it exists, in
   your case that is unlikely and this really is something that applies more to
   larger organisations

* Assuming no alternatives were found and the consultation could not avoid the
   redundancy in any way you can proceed to terminate her employment. You need
   to invite her to attend a final hearing and tell her her employment could be
   terminated. Allow her to be accompanied by a trade union rep if she wants.
   She may not wish to attend in which case you can hold the meeting in her
   absence (advise her in advance you will do this if she does not provide a
   valid reason for not attending) and terminate her employment.

* You need to confirm the redundancy in writing and tell her what she is due to
   b paid. She will get her contractual notice period, any accrued holidays and
   you must continue paying her SMP until her entitlement expires. No redundancy
   is payable until she has at least 2 years' continuous service with you

Customer:

Thanks for the answer. Just to clarify, my wife was made redundant some time
ago. The nanny is aware of this and has made noises that she doesn't expect to
come back. Can we do all of the "at risk" chat, confirmation of reasons and no
alternative, and tell her she is redundant all at the same time?

Ben Jones :

I suggest you still do the consultation and the dismissal separately

Customer:

May I ask one more sub-question? She has told us that she is going for a
mortgage, and that she would like us to tell the bank that she will still have a
job at the end of maternity leave. Effectively, we now know that without the
job, she won't get the mortgage. Clearly I don't want to lie, but is there any
additoinal risk to the redundnancy decision now we know the mortgage application
is at risk?

Ben Jones :

no, this would be a separate matter, but be careful about providing false
information like this when it concerns large financial transactions, if the bank
finds out then you can potentially get into trouble as this would be potential
fraud on her part

Customer:

I have no plans to tell the bank she will have a job at the end of the maternity
leave unless we decide to postpone redundancy until she gets back. My concern is
more about her using our awareness of her mortgage application as grounds for
legal action if we make her redundant.

Ben Jones :

you mean if you make her redundant now or later?

Customer:

If we tell her now she is at risk, before any contact with the bank, and make
her redundant during maternity leave. I have no doubt it will crater her
mortgage application if we do not say she will continue to be employed, but I'm
uncomfortabel saying that to the bank if we intend to make her redundant.

Ben Jones :

if the job is redundant, which it is, then that is the case and you can proceed
with terminating her employment, regardless of the application - that has no
bearing whatsoever on your legal position and whether you should go ahead now

Customer:

Thanks Ben. Clear and to the point.

Ben Jones :

My pleasure and all the best

Hi there We currently employ a nanny, who is on maternity…

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