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Think this is going to end badly

(60 Posts)
Photoseverywhere Sat 13-Oct-12 09:04:05

My boss has just given me a new contract to sign as current charge has now gone to school, I've put the whole sorry saga in Employment issues I was told that I would not be on call during the day when my charge was at school and that I would not be working school holidays. I was also encouraged to get another job that fitted in with this ie during school hours only. I was also told I could claim Time of in Lieu. Last week I told her I was not available for an INSET day as I had plans and also told her I was owed a certain number of hours of in lieu for overtime worked.

Last night she gave me my new contract

“Your employers normal days of work are M-F for 50 hours. Your normal days of work are M-F for 25 hours. You may be required to work such additional hours as are reasonably necessary for the proper performance of your duties and meeting the needs of the family. Extra payment will not be made for any additional hours worked”

"Your employer has the right to vary your working hours and days in accordance with the family needs”

I don't want to sign it. Which means effectively I am handing in my notice of 4 weeks... this is going to end so badly sad My other issue is I am supposed to be doing 3 weeks proxy parenting and now that shes turned round like this I don't want to sad

I am a live in nanny so effectively when I hand in my notice on Monday (unless she says something over the weekend) then I am making myself homeless and will have no job.

Sorry for venting I just feel like my backs up against a wall.

mockeveryweek Sat 13-Oct-12 09:15:48

I don't know anything about being or employing a Nanny but that sounds crap. she is effectively saying you will only get paid for 25 hours even though you may actually do up to 50!

So sorry for you but perhaps you will find a new family who are willing to pay you what you are worth. Good luck.

mockeveryweek Sat 13-Oct-12 09:19:13

Just read your other thread. It also says you are expected to cover extra hours as and when. How then are you supposed to get an additnal job during the day time??? She sounds very unreasonable and demanding.

Photoseverywhere Sat 13-Oct-12 09:20:18

In effect it could be more mock - she often goes away and last week I did 72 additional hours on top of my basic 25 hours.

Felicitywascold Sat 13-Oct-12 09:23:17

72 shock

Sorry Photo, but this woman is not suddenly going to turn into a reasonable employer... Have you got somewhere you can go?

Photoseverywhere Sat 13-Oct-12 09:25:50

If I give my 4 weeks notice I have enough money to move into a flatshare - plenty in our city at reasonable cost - have savings so could afford that until I got another job - may have to go back to nurseries for a while but that would be ok.

WineOhWhy Sat 13-Oct-12 09:26:38

That is constructive dismissal -she cannot unilaterally amend the contract. That means you are probably entitled to more than your 4 weeks notice as you should have an unfair dismissal claim. How long have you worked for them?

Photoseverywhere Sat 13-Oct-12 09:32:08

15 months.

How would it be unfair / constructive dismissal?

nannynick Sat 13-Oct-12 09:34:35

The previous job is being made redundant isn't it? What they are proposing is a new job, so you don't have to take it.
As you are live-in, do you have somewhere to move to and could you survive without a job for a while.

Could you confirm what country you are in as employment rights vary.

Photoseverywhere Sat 13-Oct-12 09:39:18

I'm in England.

I spoke to NCMA and they said it's a new job
I spoke to ACAS and they said it wasn't it was just an ammendment to the contract and not a new job
My employer apparently also sought legal advice and they also said I wasn't being made redundant/this wasn't a new job

As above I would be able to find a flat share pretty quickly - need to be in this town as I am at university here. I have enough savings to last a fair while but have seen lots of nurseries hiring at the moment so could at least do that until I found a nanny job again.

insancerre Sat 13-Oct-12 09:45:05

Walk away.
I doubt she will find anyone new to sign that contract either.
She has got a bloody cheek!

Runoutofideas Sat 13-Oct-12 09:46:17

I'm sure the bit about doing additional hours for no pay is illegal. Have you asked for advice on that part of the contract? I would get out, regardless. She's clearly not reasonable.

minderjinx Sat 13-Oct-12 09:51:55

I would doubt that the new contract terms would be held to be reasonable and fair. Whether it is a new contract or a varaition to the old one depends I suppose on what terms you have already agreed, but I would certainly refer it all to NCMA for formal written legal advice. I think in your position I would not sign the new contract and would let your employer know that you propose to continue to work to your existing contract in the meantime while seeking legal advice yourself. Good luck.

Brycie Sat 13-Oct-12 09:52:11

I would say you need extra time to think about it and just drag it out until you find a nice new job. I would ask for a reference up front and say you might have to look around for a proper full time job. Be nice as pie about it.

She's really being excessively unreasonable, it might be because she is up against it financially or it might be because she's just mean. But I would very tempted to drag it out until SHE has the difficult choice - ie sack you and chuck you out, which she will find really hard. Don't do it to yourself. Wait for HER to do it.

THe very fact there's disagreement means I think it's a grey area of constructive dismissal.

Brycie Sat 13-Oct-12 09:54:36

She is going to find herself on really difficult ground when it comes to sacking you. I don't think she will want to risk an unfair dismissal claim, however much reassurance she's had.

If you want to stay in the job, and if the relationship can survive this, think about what YOU want and can live with - ie make demands yourself as part of a new contract. To me, it sounds impossible to work round her demands. But maybe not to you.

BoffinMum Sat 13-Oct-12 09:55:01

Not a good situation. She's not playing fair. Walk away would be my advice.

Photoseverywhere Sat 13-Oct-12 09:57:41

So do I

* tell her Monday morning that I am not happy with the contract and why
* don't tell her anything and look for a new job - which I have been doing
* give my 4 weeks notice and just get out of there because I already resent her and I know I won't be feeling any nice thoughts towards her for the foreseeable future

insancerre Sat 13-Oct-12 09:58:54

The trouble with still working to the old contract is that the op might not get paid for the hours she has worked. If the employer is as mean as she sounds there is the real risk that she won't play fair.
My advice would be to get out now while things are still friendly.
Like you said, op, things are not going to end well.

Brycie Sat 13-Oct-12 10:07:36

Don't sign up to anything. Say you need more time to think about it. She can't pay you less because you are still under the old contract. If she does pay you less you can either take legal advice, or simply undertake the hours she wants without signing the contract. That means you have somewhere to live and a lot of time free to look for a new live-in job. Do NOT voluntarily walk away - don't underestimate losing your home.

Brycie Sat 13-Oct-12 10:09:48

It may be that it all comes down to a unofficial deal if it goes on long enough - ie she gives a good reference and "gets rid" without any legal costs (to try to find someone who'll sign that contract!) while you get the time and space to find a new job. This feels like a game of chicken. I don't think you should blink first.

Photoseverywhere Sat 13-Oct-12 10:20:23

Just written the resignation but don't think I'm brave enough to jump.

Looking at childcare website at the moment and applying for everything.

insancerre Sat 13-Oct-12 10:27:31

Good luck.Maybe hold fire on the resignation until you find something new. That way you can honestly tell her you are moving on, seeking new challenges for your own professional development.
Then you should get the reference you will need. It is always best to part on good terms.

Brycie Sat 13-Oct-12 11:02:25

I wouldn't jump, you'll regret it. Why make it easy for her and hard on yourself. Why look for a job and a flat at the same time when you could just be looking for a job.

MrAnchovy Sat 13-Oct-12 11:10:10

As you have been employed less than 2 years it doesn't make any difference whether it is a new job or an amendment - you have no rights to redundancy pay or unfair dismissal claim anyway*

You need a proper job with a decent employer: the best you can get out of this situation is a good reference.

* I see from your other thread that you were previously employed by this employer: depending on the wording of your current contract this may actually give you more than 2 years service but the amounts you could claim for redundancy/unfair dismissal are so small that it would almost certainly not be worth a legal dispute - a good reference would be worth much more.

Brycie Sat 13-Oct-12 11:17:44

"Either you or your employer might want to change your employment contract. However, neither you or your employer can change your employment contract without each other's agreement."

The two year rule doesn't apply to the oringinal poster as she began work for this person before April this year. So unfair dismissal would apply. Also see above.

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