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Nanny with a disability

(29 Posts)
manicinsomniac Thu 26-Sep-13 16:08:18

I suppose this is more of a WWYD but it's totally dead in there.

My cousin went back to work full time in April and hired a nanny to take care of her 2 year old son full time. Since July the nanny has had a horrendously bad back. So bad she can't walk without excruciating pain and can't stand up straight. Every movement hurts her and playing with the little boy is out of the question. She takes him to toddler group and makes sure he is safe and fed but she is physically and emotionally unable to do more, especially as her pain only allows her 2-4 hours sleep at nights. My cousin is essentially paying for a babysitter not a nanny, the child is not getting much interaction at all.

However, the nanny comes to work every day, does her hours and doesn't complain. My cousin believes she is doing the best job that she is capable of and, when she accepted the job, her back was not a problem. She will probably need an operation to even improve the situation and, in the meantime, she can't survive without a job.

My cousin feels torn between (possibly illegally?!) firing a person with a disability who is doing the best she can and the need to have quality care for her son which she is paying a lot of money for.

She asked me what I would do and I just didn't know. I would really want a healthy nanny but I don't know if I could bring myself to tell someone they could no longer work for me. And I'd be worried about being sued!

Would it be unreasonable to give the lady notice or is that totally not on?

hippo123 Thu 26-Sep-13 21:43:35

Might be best off posting this in the childminders / nanny section op, lots of knowledgeable people there.

ShimmeringInTheSun Thu 26-Sep-13 22:01:41

You do not have to be registered disabled to have a disabling condition.

There is technically no such thing as being 'registered disabled'. Some people say that when they mean they have a blue badge and some local authorities still try to keep a sort of register ' for their records'

78bunion Fri 27-Sep-13 07:27:34

Yes for disability discrimination you do not need 2 years of service. So the question would be is it disability - "You can be dismissed if your disability means you can’t do your job even with reasonable adjustments". (Government website https://www.gov.uk/if-you-become-disabled/if-youre-in-employment-and-become-disabled )

I would tell her what she needs to do which she currently thinks she cannot just in case she could if she really tried, perhaps get a second opinion on her health issues and if that fails might have to sack her lawfully for the sake of the child. Do consider if she really needs to be active however. We have had active and inactive nannies and as long as they care and love I am not sure one is better than the other.

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