Ending Employment of a Nanny and Unfair Dismissal

Employment law is notoriously complex and constantly evolving. PAYE for Nannies therefore advises that employers should always consult a qualified solicitor if they have questions about a specific point of employment law in respect of their nanny. (Our clients have access to free legal advice from a qualified solicitor where this is required in respect of their employment of a nanny.)

However, we can make a number general points regarding unfair dismissal of a nanny:

Dismissal is automatically unfair (regardless of length of service) if the nanny is dismissed:

- for a reason connected with a nanny's pregnancy
- because a nanny took maternity leave

Dismissal will also generally be regarded as unfair if it can be shown to have happened as a result of the nanny seeking to assert a statutory employment right such as:

- a written statement of employment particulars (or contract)
- an itemised pay statement or payslip
- time off for antenatal care
- time off for dependants
- rest periods, breaks and annual leave

Dismissal may also be found to be unfair if the employer has not followed statutory dismissal and disciplinary procedures or if the employer can be shown not to have acted "reasonably" to the nanny. Formal disciplinary and grievance procedures should be outlined in the nanny's contact (See Tips on creating a contract). Such procedures will include verbal and written warnings for misconduct and require the employer to have followed a formal two-or three stage procedure, which gives the nanny the right to discuss any disciplinary issue with the employer and appeal against any proposed disciplinary action prior to this action being taken.