Employing a nanny from the nursery

[mahol]

Am hoping someone can help! Have been thinking for a while I would like to have a nanny rather than nursery as will make my work life easier (as currently have to drop of at nursery and drop other off at a pre and post school childminder) - However was wary of employing someone I didnt know - however, I have just found out a nursery nurse from the nursery my child is at has resigned as she wants to look in to nannying. I would employ her in an instant - however have a Non solicitation clause in my nursery contract that says that stand for 6 months.
Are the nursery likely to take action and if so what could they do! It would be a great solution for both parties!! (and she would get paid better!)
Thanks

[InachisYarns]

My understanding is that you would also have to pay National Insurance on top of their wage. Check with HMRC. If she has already resigned when you found her, I don't see that it can be solicitation. Citizens Advice Bureau would know for sure.

[mahol]

thank you - yes - would need to pay NI and Tax - but will ask the CAB, many thanks

[mranchovy]

"I don't see that it can be solicitation"

That's a pretty bold statement considering that you haven't seen what the contract says. Nor have I of course, but it is normally something like 'The parents shall not employ or solicit the employment of any employee or former employee of the nursery within six months of the date of termination of employment by the nursery'

... and on that basis, you would clearly be breaching the contract. Probably best to discuss this with the nursery to avoid a messy and potentially expensive battle after the event.

[mahol]

ok thank you...are they really likely to take action and if so does any one know what they could do?

[GroovyRach]

This is how I got into nannying. Had worked in a nursery fir a number of years when I heard a parent was looking for a nanny so I approached her. We agreed a starting date (6 mnths later) and I said nothing to noone in the meantime. However, 3 other members of staff left during my 6 month 'wait' to nanny for nursery kids and so when it came to me handing in my notice and my parents handing in children's nursery notice, they put 2 and 2 together and guessed that I was leaving to look after them.

I didn't get on great with my boss by this time. Ended up leaving a month early cause off issues between us. They told me I couldn't leave to look after kids that had been at nursery and said they could even take me to court over it. I think it was just to scare me etc. I told them to do what ever they liked, was beyond caring at this point. Nothing did ever come of it, this was 4 years ago, so don't know if things are different now.

Good luck!

[mahol]

thank you!! am hoping thats the most they can do to us - try and scare us but no action!!