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Original poster

Strange clause in nanny contract.

34 replies

Trunchbull · 09/02/2013 12:59

I've come across this in a nanny contract:

"Should the nanny wish to terminate their contract within the first 6weeks/months they would be liable for £400 towards the costs incurred by the family in recruiting them. This amount will be deducted from their final wage and any shortfall must be paid before leaving on their final day."

Is this legal? Is it advisable? Would any nanny agree to this?

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OutragedFromLeeds · 09/02/2013 15:13

I wouldn't sign a contract with that in.

Can I ask about a clause I came across? I can't remember exactly how it was worded, but it was along the lines of 'if the nanny is off work due to an injury that she later receives a settlement for, she is obliged to reimburse her employer for money paid to her during sick leave'. Is that legal?

annh · 09/02/2013 14:41

That sounds like a cheap trick on the part of the agency to ensure that parents do not try to have recourse to the agency to recover their fee if a nanny leaves in a short space of time. They probably also try to use it as a selling point with unsuspecting families who are concerned about paying a fee, probably first-time nanny families who dont realise that no experienced nanny is going to agree to such a clause.

Lostonthemoors · 09/02/2013 13:36

This reply has been deleted

Message withdrawn at poster's request.

nannynick · 09/02/2013 13:33

Big chain agency or a small independent? Wondering how common such a clause may become, regardless of if it can be enforced or not.

Original poster
Trunchbull · 09/02/2013 13:29

Thanks for the other replies too, I didn't mean to be rude there! I would not agree to it either.

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Original poster
Trunchbull · 09/02/2013 13:27

Thanks Mr A. It's been issued as a sample contract from an agency.

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MrAnchovy · 09/02/2013 13:19

Very unusual (in the last 30 years anyway), probably not enforceable as it is a penalty, definately not enforceable if it results in payment less than the National Minimum Wage, not sure what "must be paid before leaving on their final day" means unless it is a threat of false imprisonment (!). Definitely a sign of an employer with a 19th century attitude to employment that is to be avoided at all costs (except perhaps by a nanny that wants to take them to the cleaners with a claim for automatically unfair dismissal because however outrageous the nannys claim an employment contract like that is going to give the claimant's lawyer a field day in court).

Where have you come across it?

nannynick · 09/02/2013 13:19

I have not come across that.

Work seekers can not be charged by an agency at the time of seeking work. However I do not know of any legislation regarding recruitment costs once someone is in a job.

The job may not work out due to an issue to do with how the employer treats their employee, in which case it may not reasonable for the nanny to be responsible for recruitment costs. So some nannies may not sign it without there being an additional clause about the reason for leaving the job.

iluvkids · 09/02/2013 13:16

as a nanny id never agree to that

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