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Live-in nanny has resigned, moved out, claims she is sick and wants paying for her notice period?!

(23 Posts)
squiffy Tue 31-Jul-07 15:57:05

I think I need a good legal head to get this one answered....

My Live-in nanny left me a note yesterday to say she was (a) resigning because she wants to move in with her boyfriend (b) going to be off sick this week for 'stress' and (c) not sure if she'd be well enough to come back to serve the rest of her 1 month notice period, and would let me know 'in due course'

....and then I discovered she has cleared out her room and left all her keys, so obviously has no intention of returning.

The question is: do I have to pay her anything? Her contract only entitles her to SSP but I am loathe to even let her have that, given the circumstances. Does anyone know for sure what my position is? Logic tells me that given that the job is a live-in role and she has obviously moved out, then she has probably shown an intention to not serve her notice period and I would assume therefore that employment ceases at this point (regardless of her being 'sick'), but I am not sure if this would also be the legal interpretation?

Any ideas?

flowerybeanbag Tue 31-Jul-07 16:10:00

my legal head not quite that good, although I am v interested to see the answer.
Only help I can offer is 3 day waiting period for SSP means she would only get 2 days SSP for the week she is saying she is sick, and would have to complete a self-declaration form I would assume.

As I say, don't know for sure, and I am sure someone else will, but otherwise I have to say I would agree with your logic and I might be inclined to risk it - is she really going to bring any kind of claim against you for 2 days SSP?

NAB3 Tue 31-Jul-07 16:10:55

Sod her. Pay her nothing!!!! She isn't sick. She wants to shag her boyf and get paid for her time.

legalalien Tue 31-Jul-07 16:13:58

hopefully an employment lawyer will be along presently - but if not, if anyone on here is using nannytax they should be able to telephone the employment law helpline for you and get some free advice (if they're kind enough).

Anyone using nannytax out there?

doggiesayswoof Tue 31-Jul-07 16:17:20

Not sure of the legal position. Presume though that she would need to self-cert for the first week off sick and then submit a med cert for further time off?

My guess would be that she knows she has no chance of being paid for the notice period, but she's chancing it anyway.

hercules1 Tue 31-Jul-07 16:18:12

i'd be tempted to pay her nothing as I wonder whether she'd be brave enough to do anything legal against you back as she is so clearly taking the pee.

hannahsaunt Tue 31-Jul-07 16:25:15

Not an employment lawyer but if she is not fulfilling the terms of the contract i.e. working the notice period then she has negated any entitlement to payment. However, if she pitches up with the appropriate medical certification I imagine that she would have to be given her SSP. Also, does she have any outstanding AL that needs to be taken (and paid for) to offset within the notice period?

legalalien Tue 31-Jul-07 16:31:55

Also worth considering - since she's claiming stress - whether there might be any grounds for claiming that the stress is employment related (not sure of the circs, so no offence) - if this is any kind of risk, I'd be inclined to put principle to one side and just pay the money to make the whole problem go away (I say this noting that you're an i-banker and assuming, rightly or wrongly, that it's more about the principle.

gogetter Tue 31-Jul-07 16:33:20

Has she asked for pay? I'd assume if she packed her bags and left then you probably won't hear from her again so don't bother paying her.
I think she broke the conditions of the contract so the contract is null??

NAB3 Tue 31-Jul-07 16:34:26

just seen your other thread about her. if she rings/turns up just keep repeating You have the wrong number/have never seen you before in my life.......

Phraedd Tue 31-Jul-07 19:45:26

tell her that you didn't see her note and that you knew she had left was because her room was empty. She broke her contract is you owe her nothing!

MintyDixCharrington Tue 31-Jul-07 19:49:22

tell her you will only pay sick pay with a doctors certificate.

risk is that she comes back with one signing her off for a month, in which case you will have to pay her because she is still in your employ until the end of her notice period.

in which case pay up and curse her under your breath, unless you want to wait and see if she sues you for it.

FluffyMummy123 Tue 31-Jul-07 19:50:06

Message withdrawn

MintyDixCharrington Tue 31-Jul-07 19:51:44

I'd give a reference with the bare bones on it. Much more likely to get people phoning up that way, then you can tell them what you really think.

HedTwig Tue 31-Jul-07 19:52:43

I would have thought it could be argued as gross misconduct for her to pack and leave without discussing with you in advance

flowerybeanbag Tue 31-Jul-07 19:55:33

DH (solicitor) thinks she could be considered to have unilaterally severed her contract so you should be fine not to pay.

His only hesitation would be a concern that you could get a reputation as a bad employer among the nanny fraternity if such a thing exists, so may be a commercial decision to pay.

Kewcumber Tue 31-Jul-07 20:01:42

usually employees can self certify for a week (but depends on her contract) SSP kicks in on the third day. After the first week you can insist on a doctors note in fact I think you can ask her to see a specific doctor (perhaps private GP?) on the grounds that you are "concerned about her health" as long as you pay for the appt. Depends how difficult you want to be over £72 a week.

Kewcumber Tue 31-Jul-07 20:03:15

twig - it probably is gross misconduct but an employment tribunal would say that she is sick - no doubt she would also trump up some reason why she is stressed and that she tols you about the stress and you did nothing etc etc. Stress in the workplace is becoming the commonest reason for tribunals.

MintyDixCharrington Tue 31-Jul-07 22:29:57

she hasn't unilaterally severed her contract I don't think, unless your contract specifies that it is necessary for the job for her to be live in, it isn't a severance for her to move out.
she has given a months notice. and told you she is sick at the moment. but until her notice expires she is your employee

MintyDixCharrington Tue 31-Jul-07 22:30:28

oh and I'm a solicitor although absolutely not an employment specialist!

MrsScavo Tue 31-Jul-07 22:36:14

Do you seriously think she would take you to court over this? I think not.

flowerybeanbag Wed 01-Aug-07 08:21:18

minty was working on the assumption that living in was part of the contract. Having said that DH is not employment specialist either!

squiffy Wed 01-Aug-07 12:09:09

The contract does specify that it is a live-in role which is why I think I might have grounds. I know that £300 total isn't much in the scheme of things, but the principle just bugs me. Fortunately my previous nanny is still very close to the family and visits my DS often, so I think we can avoid any reputational issues because I am sure she will be happy to speak to agencies. I guess I will just play it by ear and see what transpires when/if my current nanny gets in touch. I might have become more accomodating by then..

Nab3 - now there's a thought....

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