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Original poster

Lay Off Clause - Fair?

35 replies

nannynick · 24/05/2015 17:36

This has come up a few times on here over the years. As we approach the Summer Holidays, this clause in some nanny contracts might be actioned, so I wondered what the current feelings are about it.

Here are examples of the clause:

(this was posted by a Mumsnetter in 2011)
"There may be occasions when the Employer is on a family holiday in the UK or abroad and your services are not required for the duration of the holiday. In these circumstances, the Employer reserves the right to lay off and you will be paid statutory guarantee payments during the period of lay-off."

"There may be occasions when your Employer does not require your services. In these circumstances your Employer reserves the right to lay you off and you will be paid statutory guarantee payments during the period of lay-off."

Gov.uk says that the max amount of Statutory Guarantee Payment is £25 per day for up to 5 days in a 3 month period.

A variation on this could be where there is a Percentage Paid

"The employer reserves the right to lay you off and agrees to pay you x% of your pay for the duration of such lay-off."

Do you feel clauses like this should be used for when a family go on holiday, where the nannies annual leave entitlement has already been fully used (with prior authorisation from employer)?

Should these clauses be in contracts by default or just an option that could be added in special circumstances, or maybe they are not appropriate at all in a nanny contract?

Some parents would not dream of not paying their nanny their usual wage in circumstances where the family go on holiday more often than the nanny gets holiday entitlement. Others though will use whatever the law allows as a means to pay little or nothing.

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PenguinsandtheTantrumofDoom · 25/05/2015 09:12

I wouldn't ask for this clause as an employer. It is unfair.

I think cleaners are seen as different because they are not employees. Though if I had one I'd do what you did.

NewTwenty · 25/05/2015 09:08

It is interesting because I once went on on AIBU because I had noticed for two years running that our lovely young cleaner was desperate for extra work in the summer months, due to so many of her clients going on holiday and not paying her - we always paid while we were away and got her to do extra cleaning. I felt that it was mean to do otherwise, to someone who was living in a costly part of London.

Oh my I was absolutely flamed as 'naive', 'stupid' and definitely 'U'.

I am not saying that nannying equates to cleaning (!) but they both involve a gap in need due to a family holiday - so why is one practice seen as commonly acceptable and one not?

Blondeshavemorefun · 25/05/2015 08:22

Would never agree to that clause when employed

My contract states that if the employer goes on holiday over their two weeks holiday that I get paid in full and time off

No way could I afford to be paid a few pounds a day every time they galavantee off

Last perm family went away every ht and 2 weeks at Easter and Xmas as well as summer hols and then my choice so often 11/12 weeks holiday a year

Many nannies don't read their contracts properly then moan when something arises - which is their own fault for agreeing to it

If some one worked in an office /family business and decided to shut for a few weeks - they wouldn't agree to your Clause Nick - why should it to nannies

Callaird · 24/05/2015 23:59

*quarter!

Callaird · 24/05/2015 23:58

I use my own contract.

I would never have a clause like that in my contract. That's madness. Most of my employers have been partners in large companies and have had sabbaticals from work, from between 6 and 12 weeks. I could not afford to live on a quatre of my wages for 2 weeks, let alone 6 weeks or 3 months.

0x530x610x750x630x79 · 24/05/2015 20:37

If the nanny is given a fair and realistic idea of how often this is likely to be when taking up the job so they can factor it in then of course yes. But if it is a "maybe" clause then they announce they are actually away one week a month, that is really unfair.

nbee84 · 24/05/2015 20:34

Not something I would ever agree to.

Tapestry12 · 24/05/2015 20:31

I read contracts very carefully. I would never agree to the above clause Nannynick.
It is important that nannies read their contracts and adjust/negotiate with their employer to create a contract that works for both parties.

swlondonnanny · 24/05/2015 19:42

Had it in my contract once, would never sign a contract with lay off clause again.

Cindy34 · 24/05/2015 19:39

If parents are using it as a way of not giving nanny additional holiday entitlement due to the parents deciding to go away, then it seems a bit unfair. Not the nannies fault that the family are going on holiday a lot.

Though if a nanny signs such a contract, that is up to them isn't it? Maybe some nannies don't read the contract before agreeing to it or don't understand it, is that your point? Are you trying to get things like this noticed more by nannies and parents, as they may not be writing the contract themselves, so that it gets talked about before agreement is made?

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