If your circumstances have changed and as a result you no longer require your Nanny’s services, or the role has changed significantly you will need to enter into a period of consultation with your Nanny. If your employee has over two years’ service we recommend that you follow the process as outlined below which is in line with ACAS best practice:
- The employer needs to explain the situation and reason for the position they find themselves in and invite the employee to meet to discuss.
- They then enter a period of consultation, ensuring the process is meaningful as this is key in ensuring it is fair – this involves exploring other opportunities for employment if applicable, and asking the employee to consider the situation and put forward any ideas and suggestions they have to avoid the situation.
- You will arrange a follow up meeting to discuss the suggestions your employee has put forward (if any) and why these would or wouldn’t work. You will also discuss the role you have put forward (if applicable) and whether your employee would want to move into this new role.
- In the event the employee accepts the new position, the employment would continue under the new terms from an agreed date.
- In the event that the employee does not accept the new position, or there is no alternative available, redundancy will be confirmed. If this is the case, we suggest allowing the individual to appeal the decision as this is considered best practice.
Whilst no set time frame for under 20 employees, as the process has to be meaningful, we do suggest a couple of weeks and 2 – 3 meetings in order to demonstrate this.
Please note that it is possible to carry out a redundancy exercise when an employee is pregnant/on mat leave, however there are risks involved due to them having a protected characteristic.
Employees with over two years’ service will be entitled to redundancy pay in addition to notice (which they can be asked to work) and any accrued but untaken holiday.
If you need assistance calculating redundancy pay, please contact our Payroll team on mailbox@nannytax.co.uk.
Please contact our HR team for the relevant redundancy letter templates on nannytaxhr@wardwilliams.co.uk.
In the event your employee has under two years’ service and you do not wish to follow the process as outlined above, due to length of service, you can instead invite the employee to a meeting to discuss your change in circumstances and explain that as a result unfortunately you no longer require their services. As the employee will have under two years’ service they will not be entitled to any redundancy pay, they will just receive notice pay (which you can ask her to work) and any accrued but untaken holiday.
Please note risks apply regardless of length of service if the individual is protected under the discrimination act.
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