Nanny off with depression

If you recruited your nanny (the depressed one) through an agency less than six months ago they might refund their fee as she didn't work out for you, or at least provide another nanny without charging you a fee. It wouldn't hurt to ask them?

If you use a nanny payroll company, they may have a deal with a legal helpline, so that could be used. Your home insurer may also have a helpline. Acas may or may not be of help - did you call them? What did they say?

You need to act fairly, so paying notice is a minimum thing you would need to do. The depression is the problem though as that may well be classed as a disability - you do need to get advise on that.

Totally agree with MrAnchovy - I know a couple of us said it earlier but now the expert has spoken! As I said earlier, my dh sued and WON against his employer when he was sacked after just a few months. I'm not saying you're wrong to put your child first, just worried if you don't seek legal advice you'll MAY end up paying out a heck of a lot more!!!

Why would you pay a month's notice if she is off sick and receiving ssp?
Because you have to if you terminate the contract without notice.

There is a real risk of a tribunal claim for unlawful discrimination due to disability here: I would take legal advice (i.e. engage a solicitor).

Why would you pay a month's notice if she is off sick and receiving ssp?

Get a new one without an agency.

And with a very small bit of the savings send new nanny and DD out on some really fun days out so they can bond.

I know it's usually tighter rules on nanny agencies than normal employment ones who tend to have 3 month clause on employee being there but to it's not an ideal situation (sorry though I am for your poor nanny) that you are without her so quickly. Also re dd you would be amazed how quickly they do adjust - I agonised about nanny leaving when dd was 2 - she got used to new nanny very quickly,

Also if she has only been with you since beginning of summer can you try speaking to agency (if got her that way)about reduced fee or replacement?

Can you avoid agency fee by advertising here, net mums, word of mouth locally etc? That might ease financial pain a bit

I don't think you can keep her job open, you need a nanny.

Depression if long term can be counted as a disability, but you're only required to make reasonable adjustments to allow her to continue the job. Obviosuly she can't do the job at all at the moment.

I would give her notice and pay the month salary.

Agree with Squiffy - it is DEFINITELY not as simple as you can get rid for whatever reason just because they've been there less than 12 months. I totally agree you should be able to and although I feel for poor nanny, she's clearly not fit to look after children (I'm a childminder and wouldn't expect parents to have to give me notice if I'd done something like that). You do need to get legal advice if you don't have a clause in your contract about 'being in sound mind' or something like that. My husband sued and won against a company who discriminated against a disability when he'd only been there a few months.

Good luck.

many nanny contracts have some sort of clause about being of sound mind, do you know if she was sectioned? Just wonder if you ha something in contract like that and if that would make things easier.

Hope she has a good supportive family

It is possibly a bit 'iffy' in terms of legalities - some mental health issues get caught into disability discrimination legislation, and that would then apply even if she has served less than one year (you can sack for any reason in first year so long as it is not discriminatory ). Technically therefore she could take you to a tribunal and might possibly win. I'm not sure if trying to commit suicide would fall in this category though because there would be no formal 'diagnosis'. You ought to give a lawyer a call to check as this is one I am not sure about.

Regardless of that, she is in no fit state currently to work.

Only you can decide whether to get rid or not. If you are uncertain yourself then I would suggest that you text her parents to let them know that you will be suspending her contract for, say, 3 months whilst she recovers and that you will be happy to talk with her then about her capability to return to work. In the meantime you will need to get in a temp nanny and therefore will not be able to pay current nanny anything other than statutory sick pay in the meantime, but that the only alternative to this would be to dismiss her on grounds of capability. Hopefully your contract with your nanny allows you discretion regarding payment of sick pay????

That gives you and her breathing space and allows you to make your decision in your own time and without hitting her with it when she is at her lowest.

But I STRONGLY recommend that you run your preferrred decision past a lawyer because I'm not sure it is cut and dried here, even though she is less than 12 months in.

She hasn't been employed for you by long, so I feel you can just give notice as per the contract (so if still in probation, then the notice that applies for that, or the longer notice if out of probation). You need to treat them fairly, so paying notice instead of having them work it I feel is fair.
Someone who is depressed enough to try to take their own life isn't suitable to care for children, are they?

ACAS booklet about Health says "If the time eventually comes when employment can no longer be kept open, workers are entitled to receive wages throughout the notice period or to payment in lieu of notice."

It's early days yet but you can't be expected to communicate with her via third parties for too long, I shouldn't think, without being justified in calling it a day, i.e. if she can't even talk to you about what's going on she can't be fit. I would be interested to hear what ACAS says, will you share?

I think I would consider the welfare of my child before the legalities of being an employer. Of course some one who is suicidal is not fit to look after children. Of course!

And yes get professional advice one you have all the facrs from her

Text! Whatever the circumstances you are her boss, her manager. You need to speak to her, her parents texting you is unacceptable. This is her job, not just a thing she does for fun at the weekends.

Not necessarily.

You need to talk to her, not her parents and then get professional advice.