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Can I dismiss a nanny for pretending to be sick?

(12 Posts)
TurquoiseSongbird Wed 20-Sep-17 19:55:26

Would really appreciate someone's advice on this. We have a nanny who has worked for us since May. Since then she has taken 3 periods of sick leave of a couple days a time. In July she gave one day's notice to say she had to return overseas for a family emergency. We didn't question this, despite honestly being a bit suspicious as a few things didn't add up.
This caused us great distress - we both work and had to call an emergency nanny agency, paying £600 to arrange a temp nanny on top of the temp nanny's wages.
She returned a week ago and called in sick today stating she was hit by a cyclist on her way to work.
Approx 19 days off in 4.5 months!
Today I just felt in my bones it wasn't true so rang her to ask if she was ok. She confessed it was a lie after I went on about her getting medical help. She apologised and said she was missing home and hadn't wanted to come in today. We explained again how this has caused us great difficulty. She said it won't happen again.
I now don't know if any of this has been true? Did she really have a family emergency? Has she ever really had a legitimate sick day? I'm cross and fed up.

Please could someone advise me if I have grounds for summary dismissal? Is it gross misconduct as it's a serious breach of trust & she works in my home with my DC?
I'm just not sure of correct procedure and would be so so grateful if anyone could advise me....

TurquoiseSongbird Wed 20-Sep-17 19:57:15

Ah, sorry - I should add that she was overseas for just over 3 weeks.

pestov Wed 20-Sep-17 19:58:36

You can give her notice whenever you want for no reason in the first 2 years. Obviously she will work and get paid for the notice period in her contract but no issues getting rid. Instant dismissal on the other hand is much harder to do.

crisscrosscranky Wed 20-Sep-17 19:58:51

Save yourself the stress and give her a weeks' notice- she's no claim to a tribunal unless she has evidence of it being discriminatory which from what you've presented it's not- it's an issue with general attendance.

pestov Wed 20-Sep-17 19:59:37

And does her contract state sick benefits or should you have been claiming for SSP?

Ttbb Wed 20-Sep-17 20:04:04

Reads through your contract and follow dismissal procedure. Although find a replacement before giving her her notice obviously.

TurquoiseSongbird Wed 20-Sep-17 20:18:16

Thank you very much for your replies. The contract states SSP only.
The time she took overseas we paid some as unaccrued leave and the rest unpaid as she has also already had 2 weeks holiday since she started.
Do I definitely need to follow a disciplinary procedure?
I'm already out of pocket and typically she owes us c.£500 as the company who does her payments for us messed up & we didn't notice. We hadn't wanted to recoup it all in one go or she may have suffered financial hardship so this is the amount outstanding..

prh47bridge Wed 20-Sep-17 23:03:10

You don't need to follow a disciplinary procedure. As you have employed her less than 2 years you can simply give her notice.

kuniloofdooksa Wed 20-Sep-17 23:10:10

No disciplinary procedure needed, she only has the right to the paid notice stated in the contract and the right not to be sacked for a protected characteristic. Being dishonest and untrustworthy is not a protected characteristic. Sack her.

crisscrosscranky Thu 21-Sep-17 01:56:51

Check you have clause in contract that allows you to recover overpayments in full on termination of the contract else you may be making an unlawful deduction of wages

over40andpregnant Thu 21-Sep-17 02:00:38

Is there anyway you dismiss and in leau of notice you say keep the 500
Or do you need it back

Or should the agency cover this money as their mistake ?

prh47bridge Thu 21-Sep-17 09:26:39

Check you have clause in contract that allows you to recover overpayments in full on termination of the contract else you may be making an unlawful deduction of wages

Under the Employment Rights Act 1996 it is legal to deduct an overpayment of wages even if there is nothing specific in the contract allowing this. However, the OP will need to tell the nanny what she is doing in advance. She will also need to be careful if she has agreed a repayment schedule with the nanny or if deduction of the outstanding amount will leave the nanny unable to meet her commitments.

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