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Original poster

Is this fair - contract issues

40 replies

SarahPatricia · 17/02/2014 22:33

Ive been working woth a family one day a week as a nanny for a month without a contract, I wanted one in place before i started but tyhe mother insisted on being the one to write the contract and never had it ready in time for me to start with it.
The end of last week she handed me the contract to sign; in the contract is - no sick pay, 2 days off a year but they can say no to the dates i ask for after initially saying yes and i can not carry holiday over, no maternity provisions, i have to work bank holidays with no day off in lieu or addition payment, i have to inform them of an intent to concieve, notify them promtly when pregnent, when i am with their children and their child breaks something i must pay for it, list hobbies i can not do, there is nothing in the contract about termination of contract if they cannot pay me, nothing about a safe work enviroment for me, no pay increases, the family can terminate the contract immediatly for a list of resons but i have no resons and would need to work a 4 week notice period if i want to leave for any reason even gross misconduct on the familys part. If i hurt myself at work them they take no responsablity (they are having building work done) but if their children hurt themselves them it is my fault and the family can "recover damages" from me.

When i took this job the mother was as sweet as sugar. I have tolerated a lot - the children are very badly behaved (the three year old has been asked to leave nursery due to his behaviour) and the parents impossible to talk to.
I am a nursery nurse who has worked with prem babies born at 21 weeks, severe special eduactional, medical and developmental needs as well as working in high ranking nurseries. I have shown this contract to other childcare profesionals as well as legal people and they have all said to phone them and tell them i am walking away without any notice. Nothing was agreeed verbally and i have not signed anything.
Am i being unreasonable in walking away? The mother will only "tweek" parts, she wont change it as much as i want to make it more fair. I love children but i dont want to leave myself open to being walked all over by a family who i struggle to get along with.
What are peoples opinion?

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hyperspacebug · 24/02/2014 11:24

What country is this family from? I wouldn't even expect the contract terms to be legit if they put you on payroll. If they want an illegal slave, so the contract'd be void anyway!

Small claims court is the way to pursue for lost wages if you don't mind the time and effort.

Just, wow.

emeraldgirl1 · 19/02/2014 09:45

Oh! Just seen that you have left them!!! Well done!!!
PS if you are SW London based PM me as we are looking for some p/t childcare (as I think you have gathered from my own thread!!)

emeraldgirl1 · 19/02/2014 09:44

Jesus. I know nothing about contract law, not much about nannying, but a bit about pleasant behaviour.
This sounds appalling.
Run, don't walk.

Original poster
SarahPatricia · 18/02/2014 21:04

A big thank you to everyone who has given me advice and support. I would have struggled to act with confidence and certainty without you all. You help me see that I wasn't being the unreasonable one.
Thank you all. Smile
No more stress induced sleep walking for me!

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eurycantha · 18/02/2014 18:42

SorryI have just seen yo have left .well done.

eurycantha · 18/02/2014 18:40

As everyone else has said leave ,tomorrow!!!

Original poster
SarahPatricia · 18/02/2014 17:56

Just phoned social services - the children aren't being hurt and their basic needs are being met. They'll make a note of my call but that's it. They have "more pressing cases than a little bit of a family disagreement to deal with"
Was expecting more than a call log....

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NomDeClavier · 18/02/2014 17:41

You are vulnerable but there are things you can do to reduce that. Don't let it put you off - it can be so rewarding.

mercibucket · 18/02/2014 17:24

i would not say it is enough to contact the gp
violence in the home is a child protection issue. social services.

Original poster
SarahPatricia · 18/02/2014 17:20

I informed the Childrens GP a few Weeks ago and told him my concerns and he's going to keep an eye out for "warning signs". I don't know who their health visitor is or I would tell them too. Hopefully the GP will stay on to of this.

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Weegiemum · 18/02/2014 17:19

I've been a nanny employer and this sounds totally crazy. I'd write the money off and run for the hills. Feel very sorry for the wee 1yo who is suffering though.

sleeplessinderbyshire · 18/02/2014 17:11

The mother sounds very bizarre to me, possibly even mentally unwell. I think I'd ring the childrens' health visitor and explain what you've told us. I think they would be worried

Original poster
SarahPatricia · 18/02/2014 16:54

Its £390. On my formal letter I have asked for payment no later than the 22/02/2014. my boyfriends uncle has a friend who is a lawyer and has said he'll do me a quick letter if I need. Hopefully that will Make her hand the money over. Honestly I do need it as myself and my befriend are house hunting.
Thinking I'll go back to working in a school or nursery, or maybe back to the prem baby ward in a hospital.....this has made me realise how vulnerable you are as a nanny Confused

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eurochick · 18/02/2014 16:37

I'd warn the cleaner. The woman sounds like a complete lunatic.

Cindy34 · 18/02/2014 16:33

I would let the cleaner know that you have left the job and why. I would not go into that the mum thinks the cleaner is a spy, leave it to the cleaner to decide if they want to have this person as their client or not.

Any news on getting payment? I expect the amount involved (at a guess under 300, is it?) may not be worth taking legal action over, though a few letters plus a letter from a solicitor (it will cost you a bit) may be enough to get payment.

Good luck for the future. There are families out there who are great employers, so please do not be put off by this experience.

Original poster
SarahPatricia · 18/02/2014 16:04

I've done it! Phoned the mum said I was leaving and why and I even offered to work one Weeks notice. I was polite but firm........and she exploded. Called me everything under the sun, swore at me and accused me of "tempting her husband with the slutty ways".
Now I have another problem (when will this end!)
At the beginning of Jan when I started I recommend a cleaner who I have know for years but not very well. She works for some other families I also work for and I know her to be fair and that she needed the work as her husbands business is collapsing. However the mum has accused me of putting the cleaner in the house to spy on the family and is going to "kick her **ing ass out next time she comes"
Do I phone the cleaner and warn her or is that gossiping? I don't want to antagonise the mother but neither do I want a lovely lady to get something she doesn't deserveAngry Angry especially as I see her at work, have a lot of mutual friends and live close together.

I've also written a formal letter to the family stating that in leaving.

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BumpBirthBaby · 18/02/2014 15:12

Don't walk away, RUN and RUN FAST!!

This women sounds like a total idiot, and has no realistic expectations and just horrible demands. I honestly cannot believe this is true!

Leave now (or at the end of the working day if with the kids)

Horrendous.

drinkyourmilk · 18/02/2014 13:34

Good grief! They sound terrible. Agree with RUN! As quick as you can.
I suspect you will end up reclaiming money owed through the courts.

Ilisten2thesoundofdrums · 18/02/2014 13:12

If you are in the UK - I presume you are? Then the person employing you is responsible for tax and NI - once you have your money report them!
The minimum legal holiday allowance is 28 days to include 8 bank holidays - although if you work them you get a day off in lieu. You have to be entitled to Statutory maternity and sick pay as a minimum or they are breaking the law too. If you wo;rk in their house they are supposed to have employers liability insurance and it is their responsibility to ensure you have a safe working environment.
In law if anything were to happen to the children I think that you could only be held liable if it were due to negligance on your part and not if it were an accident or due to something about the conditions in the house. so them persuing you for damages sounds unlikely to succeed.
All in all it sounds like they are asking for a slave as no-one would be expected to work here under those conditons.
Definitely RUN.
Also put it in writing that you are leaving and why - 9 not accepting illegal contract!) and that you are expecting your pay of £xx for days worked by Y date or you will be persuing them in the small claims courts.

Original poster
SarahPatricia · 18/02/2014 12:58

That's why i'm so upset at having to leave the children, especially the sweet little 1yr old who is a little star Sad

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Original poster
SarahPatricia · 18/02/2014 12:44

I've already raised concerns about the fichildrens safety with the parents (got told to mind my Penn business) and a few Weeks ago I called the childrens gp to say that although I don't think the children are being hurt physically the enviroment isn't great, explained everything and he said he would keep an eye out for "warning signs". Was considering speaking to social services but not sure as the childrens basic needs are being met and they aren't the ones being hurt. My boyfriend is a paramedic and has explained that in the eyes of the law the Children are fine so social service prob won't do anything. Confused

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LyndaCartersBigPants · 18/02/2014 11:36

Sounds like it will be more hassle than its worth to try and chase any money from them too Sad I think you may have to consider this a lesson learned the hard way. Be scrupulous about your next contract and get everything in writing before you do a day's work for your new employer.

Regarding tax to pay, perhaps you could speak to an accountant or book-keeper for some advice. I'd have thought that once you factor in the cost of your OFSTED reg. and any other costs incurred you won't have to pay any tax on what you've earned anyway (depending on what you do for the rest of the week, obviously).

wonderpants · 18/02/2014 11:31

OP, I'm sorry I know it isn't what you were asking, but you have raised several safeguarding issues! You feel bad about leaving a child in an environment where you have also said there is domestic abuse. Please, all things aside, raise those safeguarding concerns. Don't go back, but please make sure someone else is aware of what is going on.

LyndaCartersBigPants · 18/02/2014 11:30

Don't walk, run! Mother is a loon, no wonder the children are badly behaved.

Original poster
SarahPatricia · 18/02/2014 11:23

No pay slips. It was decided that they would sort out my tax and NI and they would give me the money after they have made the deductions. But in the contract it says that i'm responsible for paying all my own tax out of the amount they've given me. I was meant to be on £10 per hour net but now its £10 per hour gross as they haven't paid any tax or ni for me and i'm going to have to sort that after I've left.
And I footed the bill for ofsted reg for them to give me Childcare vouchers (not that they've paid me with them!).....I've lost money working for this family!
I'm not due to work for them til the end of the week.

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