Could you explain your situation in a little more detail please and exactly why it is that you need to get rid of the nanny?
It may be semantics but even though she has not been there for 2 years, from the description you give, it is still redundancy. The relevance of the 2 years is that she is not entitled to redundancy pay in that time.
What she is likely to claim is that this is unfair dismissal because she is pregnant. I know that you’re aware that you can dismiss she is pregnant but you need to be very careful of how you word this. For example, you say “Obviously I need to change my childcare provider”. It is the word “obviously” which is a problem in that sentence because a tribunal judge would take it that you were referring to changing your childcare provider because the nanny was pregnant.
If she decides to take you to tribunal, then you are going to have to prove that you were changing childcare provider regardless of whether the nanny was pregnant or not. You are going to have to come up with some reasons as to why, in order to convince the court if she decides to go down that route.
She is obviously entitled to a reason in writing (after 12 months) why she is being dismissed and of course notice or payment in lieu of notice and holiday pay. What you might want to consider doing is getting her to sign a properly drafted Compromise Agreement where she gets a chunk of money and signs away her rights to go to tribunal where she may win or lose. Sometimes it’s better to have money in the hand than speculate in court. You would have to agree, in agreement to pay the legal costs (up to a certain level, £250 plus VAT) for her to get legal advice on the effects of the agreement. The only way of guaranteeing that your stay out of the tribunal is the Compromise Agreement, because if she then decides to go to tribunal after you have paid her and she has signed the agreement, you can produce the agreement to the tribunal and her case would get thrown out. In cases like that, you can always ask the judge to award costs against her on the basis that she has been unreasonable in bringing the tribunal claim after signing a Compromise Agreement and that you have wasted costs in dealing with her spurious claim.
Can I clarify anything for you?
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We can still exchange emails.
For the purposes of this, maternity leave is no different than employment.
The reason you mention could be a reason. It depends whether, if she takes it to tribunal, it’s accepted by the judge.
Incidentally, there is case law in which a lady applied to do maternity cover. They withdrew the offer because it turned out that she was pregnant and could not do the job. She took them to tribunal and won and she wasn’t actually employed ever by them, they only withdrew the offer.
You could make her redundant after she returns to work, and not safer, provided it’s nothing to do with her then having a young child which he needs to look after. If you don’t mind paying some money, the safest way is the Compromise Agreement.
It can go through mediation if you both agree to go to mediation but that is no point in mediating unless either of you is prepared to change your viewpoint.
There is no problem in you deciding that you no longer want to have a nanny and you want the children to go to nursery school. What you have to convince a tribunal would be that you did not make that decision because the nanny was pregnant was going to have to go anyway.
That would be sufficient evidence if those emails were exchanged before you found out that she was pregnant.
Hopefully, that will be enough to fend off any tribunal claim.
The statutory minimum after such period of employment, if nothing else has mentioned in any contract is 1 week. However, if you have mentioned it in the emails, I would play safe and give 4 weeks.
Glad to help