does an email count as written notice to quit?

[crybabybunting]

Our nanny let me know by email last month that she wanted to leave us in September to pursue a different career path. It was a friendly, informal email, but she was quite specific about her choice and when she wanted to leave. She even offered to help me with interviewing new nannies.

She is now claiming that she has never given me formal written notice, and that as I have never given her written notice of termination of her employment, she actually hasn't handed in her notice at all. She is right that I haven't given her written notice because I took her email to mean she was leaving in September, but she claims this doesn't count.

Does anybody know if her email would count as formal notice? Her contract says that if either party wants the employment to end, they have to give 3 months notice. It doesn't say it needs to be formal or written.

Thanks so mcuh if you can help!

[juneybean]

Did you reply to the email accepting her notice?

[DancingHippoOnAcid]

She gave you notice and you have written proof that she gave it in her email. You do not have to formally accept it for the notice to be effective.

As the contract does not even state any specific mode of giving notice, her email will stand. As it states very specifically that she has decided to leave amd when she is leaving it is perfectly adequate.

Has she now changed her mind and wants to hang on to her job? Have you found a replacement or would it suit you for her to stay on?

[ivykaty44]

yes it counts - as it is written and just print off the email and show her the papaer work - silly girl has changed her mind.

Can you sit down and have a chat with her aout what she really wnats to do?

[flowerybeanbag]

An email would count yes, it's what it actually said that's important.

Did you respond either to the email or verbally acknowledging that she was leaving?

I assume she now wants to change her mind and you want her to go?

[crybabybunting]

Thanks everyone that's a relief.

I replied to it and accepted her decision to leave in September. She then replied and said she would help us to interview for a new nanny.

My husband was made redundant and she is now claiming that this makes her redundant and she wants money! I did sit her down and asked her what she wanted to do and it was this conversation which led to her saying (in an email) that she

I'm so shocked as I've always had a friendly relationship with her.

She's been with us for under a year so don't think she's entitled to redundancy anyway!

[flowerybeanbag]

If she's already resigned she is not redundant. And you are right she doesn't get redundancy money even if she was redundant, not until she's been with you two years.

She sounds very unpleasant, wanting to leave anyway but using your husband's bad news to try and get some money out of it.

[crybabybunting]

sorry I meant to say, it was that conversation that led to her email saying that we have made her redundant.

She also says that we have changed her conditions of employment as DH being around will mean it is impossible for her to do her job.

[flowerybeanbag]

Having your DH around wouldn't constitute a change of terms and conditions and of course wouldn't make it impossible for her to do her job either. But even if it did, what's she planning to do about it? She's resigned, she's leaving anyway, she's got no justification for being bothered by something like that.

[lifeinagoldfishbowl]

Although as a nanny it would be hard for me to have my boss around whilst I was there it would not make it impossible to do so - although I would arrange my day so that we were out as much as possible only because it's easier than feeling your in the parents way when you're painting in the kitchen etc.

However I don't agree that she is entitled to redundancy as 1. she resigned 2. you haven't said she has to leave today or earlier than planned due to your husbands job loss (have you) 3. she hasn't been there for 2 years.

[crybabybunting]

The only thing I did was tell her that DH was made redundant and ask her (verbally) what she wants to do. I said we could manage without her if she wanted to reduce her hours or leave earlier than planned. But that if she didn't want to do either of those things that was fine, as we would still need some childcare while DH looked for a new job.

[flowerybeanbag]

That's fine crybabybunting. You've generously given her the option to reduce hours or leave early if she wants to, but are not forcing her to do either.

I'm sure your DH would keep out of the way and would as you say be job-hunting anyway. As lifeinagoldfishbowl says, it's not an ideal situation having a parent around, but it's not a change to terms and conditions and in any case, would only be for a short time while she works her notice, so nothing for her to complain about.

[slipperandpjsmum]

I work for the council and they would not accept an e mail, it has to be handed to the boss and signed, without the signature its not classed as handing notice in but thats the council and they make a big fuss over everything!!!!

[Veronikaash]

emai doesnt count! not nice from you nanny, she might be scared to face you...?

[flowerybeanbag]

On what basis do you think email doesn't count Veronikaash? Given that the nanny's contract doesn't specify that notice must be in writing anyway...

[lifeinagoldfishbowl]

How's it going crybabybunting?

[JeanPagett]

Absolutely don't let her get away with this OP. An email is perfectly valid - www.citizensadvice.org.uk/work/leaving-a-job/resigning/your-notice-period-when-resigning/ Please push back on this, and seek support from your union.