Active discussions

Please or to access all these features

Talk
Paid childcare

Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

Original poster

Sacking the Aupair - do we owe her holiday pay?

33 replies

Muminahurry0 · 09/06/2015 20:03

Our Aupair has gone home for a holiday. When we emptied the bins we found an excessive number of wine bottles and other items there. She has confessed to having a party while we were away for the weekend.
We believe we can sack her for gross misconduct and she is not entitled to notice, pay especially holiday pay. Can you give us any advice please? Thanks

OP posts:
Are your children’s vaccines up to date?
Set a reminder
Original poster
Muminahurry0 · 09/06/2015 21:10

"Other items" were three boxes of wine, five cans of beer, a metal fork, full bottle of soya sauce, chinese chilli, uneaten bar of chocolate. Not typical party food, or any packaging of said food. We are suspicious that she may have been secretly drinking on her own, because we live in the country and she only had a few friends here locally. We cannot prove this. But the fact she has a history doing things secretly in her room, we felt we could not take the risk. The thought of letting an alcoholic drive our children around is unthinkable.

OP posts:
Glitoris · 09/06/2015 21:06

Any employee is entitled to accrued holiday pay,and pay in lieu of notice.

Original poster
Muminahurry0 · 09/06/2015 21:01

We have spoken to the agency we found her through, and they agree with the way we have handled the situation. She was also supposed to be a non smoker but found her smoking in her room, she was given a verbal warning then.

She was not allowed to invite people over without permission. Had she asked we would have said yes. It is the deceit, lies and covering up, that we cannot condone.

We are not monsters, we have given her additional time off when she had a personal problem, when she had food poisoning, when she went to visit her boyfriend, her aunt, her sister.

I have decided to find out where we stand legally and have made an enquiry via the BAPAA as we want to do the right thing legally, regardless of how we are feeling emotionally.

OP posts:
AuditAngel · 09/06/2015 20:11

What were the "other items" normal detritus from a party such as food packaging, or your property that has been damaged/disposed of without warning?

BreadmakerFan · 09/06/2015 20:09

What is your problem?

LIZS · 09/06/2015 20:08

She is due pay in lieu even if you dismiss her , plus prorata holiday pay unless she has already taken it.

Oakmaiden · 09/06/2015 20:06

I think you will find she is entitled to any holiday pay she has accrued whilst working for you.

Otherwise unscrupulous employers could just sack people before their holidays to save money...

I dunno... she had a few people round and left so little evidence you didn't know til you checked the bin? Seems harsh... But I guess you didn't ask if you were right to sack her...

LaurieFairyCake · 09/06/2015 20:05

Do you mean that she's 'confessed' while she's been away?

Is she not allowed (and it's clear in your contract with her) to have people over?

Swipe left for the next trending thread