Would you sack nanny over this?

There's no investigation. The nanny admitted to what she did. Not only admitted it, she volunteered the information. The investigation is complete.

@YourMerryBrickRobin

did the nanny reply?

I never said she was being sacked. I was explaining to other posters why she cannot be sacked "on the spot". Whilst the nanny is clearly wrong in what she did, she is still an employee with 6 years service therefore a proper process must be followed. Even for a written warning, there needs to be a disciplinary hearing for which the employee must be given adequate written notice of beforehand in order for them to prepare. If OP fails to do this, she can quite easily end up at an employment tribunal

THIS.

@coupdetonnerre

OP should just give her notice, pay her in full and ask her to leave immediately

No she can't. That would be unfair dismissal.

Do people not understand that employers in the UK must act within employment law and that employees have rights.

@Badassnameforadojo

They can issue a written warning without suspending her first and going through a whole investigation. The investigation has been done by talking to her and to the “witness” (the older daughter). They are giving her a warning. That’s fine and won’t land them at a tribunal

No they can't.

They could get away with issuing a verbal warning following this process.

But for a written formal warning the employee has a right to a fair and legal hearing including being accompanied. And an appeal.

There is nothing from OP to say the nanny regarded this as a lapse of judgement she regretted

So glad I'm not the only one who noticed that ...

If you trusted your child to a nursery and all the staff nipped out for 5 minutes and left your child in the care of the window cleaner or postman who just happened to be there, that would be ok then right?

The boyfriend is no more suitable to leave the child with than a random man she pulled in off the street.

If your child went to hospital for an operation and during the procedure the Doctor nipped out and asked the tea trolley lady to take over for "5 minutes" that would be ok too right? It's no different.

It is absolutely a sackable offence - the Nanny is employed to care for the children, she does not get to delegate this to anyone else.

@MotherFeministWoman

Surely it amounts to gross misconduct? Which I belive is an immediately stackable offence.

There's no such thing as an immediately sackable offence.

An employee can be suspended in full pay whilst a disciplinary process is carried out. If that results in a finding of gross misconduct- then the employee can be dismissed.

But a fair and legal process must be followed otherwise it could result in a very costly employment tribunal for the employer.

She isn’t being sacked. They can issue a written warning without suspending her first and going through a whole investigation. The investigation has been done by talking to her and to the “witness” (the older daughter). They are giving her a warning. That’s fine and won’t land them at a tribunal.

If anything further happens, they’ll have to go through a disciplinary meeting before firing her but they aren’t firing her right now.

Vanessa George.

@MotherFeministWoman As @MinervaMcGonagallsCat says, employers must follow a fair and legal process. No matter what. It is extremely likely a tribunal would find against the OP if she went straight to sacking without a hearing etc. In cases of gross misconduct, a sensible employer will suspend the employee (usually on full pay) first pending investigation and hearing before doing anything else.

I think for me the big thing is that her reason for doing this was basically being too lazy to walk 5 mins pushing a buggy. Even setting aside the safeguarding side, I don't think someone who finds a 5 min walk taxing is suitable to be a nanny, it's a physically demanding job done right

Surely it amounts to gross misconduct? Which I belive is an immediately stackable offence.

@coupdetonnerre

Can someone say why the OP wouldn't be able to immediately fire the nanny for this. Especially as she has likely done it many times before.

Because UK employment law does not allow employers to fire employees without following a fair and legal process.

@Bollindger

As parents as children age, we do change our protection level.

What relevance does this have to OP who has a one year old?

Yep it's a shocking lack of judgement that the nanny has shown OP but since you mention DBS, I'm assuming you are in the UK in which case... do not send that text message unless you want to risk ending up at an employment tribunal (she has worked for you for 6 years after all). That message is saying that you have predetermined the outcome of a disciplinary hearing (that hasn't yet happened) and decided to issue a final written warning. Nanny will be able to use that against you quite easily in future. If you have an employment contract with her (and after 6 years you're in a whole world of shit if you don't), follow the disciplinary process that should be detailed in there.

I would not be able to get past this.
The trust between you was broken when she 1) Let him into the house after you specified he was not to be there. 2) She handed over responsibility of your child to him without asking you. Absolutely not acceptable.

Sleep overs are not obligatory.

I agree. Your overall goals are fine, but you have to go through a process. If her contract is legal it will include a disciplinary process. Follow it.

There's so much bad advice on this. Most in complete disregard of UK employment law.

OP please get yourself proper legal advice before taking action