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AIBU?

To think I am going to get totally shafted here

156 replies

HarrietKettleWasHere · 05/06/2017 12:21

I'm a nanny. As my one charge is of an age where she doesn't 'need' me as much, I've picked up various PA duties for my employer so it's remained a full time position. I stay over when she's away (single parent) I care for two slightly highly strung dogs, I keep the diary, organise shopping etc etc.

Now my charge is off to boarding school in September. Yes, I 'knew' it was coming (I took her to the interviews and exams for one thing and was there when she got her acceptance letter) BUT my employer made no mention of when my job would come to a natural end. I didn't want to 'show my hand' as it were and have waited for her to approach me with end dates/redundancy talk etc.

This morning, in an email (a 'no subject' one at that!) she has said she 'proposes' I work up until the 21st July. After that she'll pay holiday outstanding.

No mention of redundancy paid which I'm sure I must be owed since it's not me choosing to leave the job. Statutory at least? It's been over three years.

I'm shaking now, partly because I don't know what I'm going to do (find another job obviously but don't have lots of time, less than I thought I would)

Partly because after three years she hasn't sat me down face to face to talk this through (she's using the excuse she doesn't want her daughter to overhear Hmm )

Because I need the payment as a cusion if I do t find work straight away- I rent a flat with my partner and rent payment is high enough to warrent we are both in constant full time employment or we'd be screwed.

Also because I'm shit with things like this, I go quietly rather than make a fuss (self esteem issues) but I think I'm going to get massively screwed over if I do not speak up.

Please wise mumsnetters, advice on what to do would be really, really appreciated. I feel a sick abs have no idea what my next move should be.

OP posts:
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NapQueen · 05/06/2017 12:23

What does your contract say about notice periods?

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MsSlocombe · 05/06/2017 12:24

I think she is telling herself that it doesn't need to be said, that it's so obvious it's understood.

A conversation would have been better but I think she is just assuming that you have figured it out and she'd only be saying something obvious and awkward if she raised it.

You have to job-hunt.

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NotSuchASmugMarriedNow1 · 05/06/2017 12:25

Just ask her what sort of redundancy package is she offering

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BastardGoDarkly · 05/06/2017 12:26

Oh dear, I sympathise, but redundancy? Surely part of being a nanny is when they're grown, that's kind of it?

I'd start looking for a job pronto, you really should have talked to her sooner, but she's treated you crappily too.

Someone wiser will be along in a minute, I wish you luck with a new job.

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jay55 · 05/06/2017 12:26

Call acas and get advice on redundancy. Best of luck with the job search.

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ShatnersWig · 05/06/2017 12:26

What is in your contract? as Nap said

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HarrietKettleWasHere · 05/06/2017 12:27

I really believe she wants me to go quietly without saying anything...I emailed to say have I got it right that it would mean I was redundant from that date but she won't be drawn and says let's talk later...

I don't have a contract Blush just a job description. I get paid fortnightly and have kept every single payslip to prove full time employment.

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WellErrr · 05/06/2017 12:27

I'm sure you already realise this but you've been seriously naive.

Why haven't you been job hunting already?

I'm not sure of the rules on nannies and redundancy pay, as surely it's a self-limiting job anyway? But you should have done your homework.

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MorrisZapp · 05/06/2017 12:28

Bloody hell. When kids get older, nannies get redundancy pay? Surely not.

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ShatnersWig · 05/06/2017 12:28

You don't have a contract? Well don't make that mistake with your next employer. Basic error, Harriet. Really very foolish.

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Cloudyapples · 05/06/2017 12:28

I think you're entitled to redundancy pay op. what was the tone of her email? If it was causal could you ask her to send you a more formal letter/email stating the situation i.e. You will be made redundant from x date? Is your contract fixed term or permanent? Once you've got it all in writing might be worth contacting citizens advice of acas to find out what you should be entitled to.

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Cloudyapples · 05/06/2017 12:28

Or acas that should have read!

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HarrietKettleWasHere · 05/06/2017 12:29

I didn't job hunt because I believed the job would last until beginning of September when she's off to school- this is six weeks earlier than the date I had in mind. Without being able to name a start date I thought it would make interviewing for jobs difficult

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MovingOnUpMovingOnOut · 05/06/2017 12:29

Have you been continuously employed by her for 3 years? (I know you said but just clarifying) And what's your notice period in your contract?

As this is a redundancy situation she does need to do thing properly including putting you at risk and paying you statutory redundancy (unless your contract states more).

I'll post a link in a minute about process and what to do.

It is shitty that she's not even had the courtesy to phone you, never mind arranged to speak to you when her daughter isn't around.

In the meantime get job hunting asap!

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ShotsFired · 05/06/2017 12:29

This website argues you are entitled to proper notice etc:

You are entitled to some form of consultation. This usually involves a meeting with your employer where they explain why they are making you redundant (e.g. they no longer need a nanny) and any alternatives (e.g. instead of being a full time nanny taking the role of a part-time nanny or nanny/housekeeper).

Your employer must give you contractual notice, or statutory minimum notice, whichever is the greater. Statutory minimum notice periods are 1 week if you have been employed for longer than one month but fewer than 2 years, and then 1 week per year of employment up to a maximum of 12 weeks.

There's also a section called Entitlement to redundancy pay

bapn.org.uk/nanny-information/redundancy-from-a-nanny-job/

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HarrietKettleWasHere · 05/06/2017 12:30

Yes, continually employed. Everything else has been done by the book- holidays, pension etc.

The daughter is only 11- yes I know kids get older obviously but if she wasn't going to boarding school my job would still exist.

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HarrietKettleWasHere · 05/06/2017 12:32

Thank you ShotsFired

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reallyanotherone · 05/06/2017 12:32

www.nannytax.co.uk/employee-rights/redundancy

If I'm reading this right you're entitled to one weeks pay (assuming you're in the middle age bracket) - a week per year over 2 years.

So about £500. Not a big ask...

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Looneytune253 · 05/06/2017 12:32

Surely with 4 weeks notice it's not a redundancy situation anyway. I definitely wouldn't expect redundancy pay in these circumstances? Without a contract too you're on really shaky ground. Surely she could have pulled out at any time with no notice without the contract?

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Waggamamma · 05/06/2017 12:33

She does need to follow redundancy procedures, you should call acas for advice.

As you've been employed with her for over three years you will be entitled to statutory minimum payment - there should be an online calculator for this.

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Reow · 05/06/2017 12:33

Set Russell and Scrap on her if she won't pay Grin

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SewButtons · 05/06/2017 12:34

You should be entitled to redundancy pay, the direct gov website has a calculator where you can figure out how much you are entitled to.
I would work out the amount myself and then ask your boss to confirm the amount of redundancy pay owed in order to help you arrange your finances.
Does your boss use a payroll company to pay you? I imagine they will inform her about redundancy pay if so.

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HarrietKettleWasHere · 05/06/2017 12:34

Ha ha Reow that's a great idea Grin

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BarbarianMum · 05/06/2017 12:35

Of course its a redundancy situation - OP is being made redundant.

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MovingOnUpMovingOnOut · 05/06/2017 12:36

I've just seen you don't have a contract. Actually you do, it's just not written down. Your employer had a legal obligation to provide you with a statement of employment particulars which would include your notice terms, holiday etc.

So if the job no longer exists that would be a fair reason for redundancy so that looks ok from an employment law point of view. However, your employer has a legal obligation to consult with you regarding the redundancy. This could be as simple as a conversation. Then she would need to write to you notifying you of your redundancy and outlining you redundancy pay, outstanding holiday pay, notice period and final day working.

This link here has lots of useful information about the process so you may want to send it to her when you have your discussion: www.gov.uk/redundant-your-rights

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