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Does my nanny qualify for smp?

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Greenop
Greenop Posts: 1 Newbie
I had a private nanny employed on a part time (12 hours a week) contract basis for 10 months. Her employment ended a month before her baby was due and she was employed by me during the qualifying period, however again, on a contract basis with no intention of returning or extending the contract. Açai had never come across this situation before but said in their opinion we would have to pay her. My question is this, do I also have to pay her holiday pay even when she isn’t going to be returning to my employment, and hasn’t actually been employed by me during her maternity as this seems grossly unfair on us that we’re left out of pocket for someone we don’t employ?

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  • Greenop said:
    I had a private nanny employed on a part time (12 hours a week) contract basis for 10 months. Her employment ended a month before her baby was due and she was employed by me during the qualifying period, however again, on a contract basis with no intention of returning or extending the contract. Açai had never come across this situation before but said in their opinion we would have to pay her. My question is this, do I also have to pay her holiday pay even when she isn’t going to be returning to my employment, and hasn’t actually been employed by me during her maternity as this seems grossly unfair on us that we’re left out of pocket for someone we don’t employ?
     Part and parcel of being an employer im afraid.
  • Savvy_Sue
    Savvy_Sue Posts: 47,345 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You do get some of the SMP back, as a small employer. 
    Signature removed for peace of mind
  • She won’t accrue holiday during maternity leave because she is no longer employed. 
  • Marcon
    Marcon Posts: 14,493 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    Greenop said:
    I had a private nanny employed on a part time (12 hours a week) contract basis for 10 months. Her employment ended a month before her baby was due and she was employed by me during the qualifying period, however again, on a contract basis with no intention of returning or extending the contract. Açai had never come across this situation before but said in their opinion we would have to pay her. My question is this, do I also have to pay her holiday pay even when she isn’t going to be returning to my employment, and hasn’t actually been employed by me during her maternity as this seems grossly unfair on us that we’re left out of pocket for someone we don’t employ?
    Try https://maternityaction.org.uk/advice-form/

    As you will see from the link, they give advice to employers, not just pregnant employees, and probably have greater experience  that ACAS does in maternity matters.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
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