Does my nanny qualify for smp?

Greenop

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?

[Deleted User]

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

You do get some of the SMP back, as a small employer. 

thebrexitunicorn

She won’t accrue holiday during maternity leave because she is no longer employed. 

Marcon

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.