Nanny asked for holidays but not enough accrued days yet

I think possibly that you can only use an accrual system if that is clearly specified in the contract too? Otherwise the whole holiday entitlement is available from day one. Is it in the contract OP?

True Believe and I was assuming the OP would have a contact with the nanny stating this. My mistake.

OP, make sure your contract states about paying back overpaid holiday if necessary to protect yourself.

You just dock any money from the final pay if too much leave has been taken when the employee leaves

Only if written in to the contract. You're not allowed otherwise.

Sorry but I think you've got this wrong.

You took a holiday so she had no choice but to take one. So she now wants her own one

I think you have to build up a bit of goodwill. If you have a written contract you need your policy in there about accruing annual leave. So etiquette would suggest you give her the time off.

In most office type jobs people are given a total holiday allowance per year and they can take it whenever they like subject to the employer's consent to make sure they are not absenting themselves at a time when cover is impossible etc

^This

An employee is given a set amount of annual leave entitlement to take during the year and it stands to reason some people want to use it during the summer months but your logic would mean people whose employment starts in May or June would not be able to do so.

You just dock any money from the final pay if too much leave has been taken when the employee leaves.

You made her take a week off paid and use her holidays so that your family could go on holiday? You basically forced her to use up her holidays because you didn't need her that week.

I'm not sure if I'm understanding this right.
Why did you do that? She obviously wants time off but can't because you made her use up her holidays

I haven't employed a nanny for a number of years, but when we did, if we had a family holiday without her then she would be paid as normal, and it would not be taken from her annual leave.

same as the cleaner would still be paid if we were away and I asked her not to come in. Although I guess in reverse I wouldn't pay her if she went away and couldn't come in and clean or was ill.

In most office type jobs people are given a total holiday allowance per year and they can take it whenever they like subject to the employer's consent to make sure they are not absenting themselves at a time when cover is impossible etc. If every office worker had to wait till they accrued holiday before they took it the admin would be ridiculously complicated.

As I understand it, if holiday has been taken before it was accrued, then the employee resigns, you deal with it by treating the unaccrued holiday as unpaid leave and deduct it from final pay.

Can you compare the position to how your or your DH's employer would treat you?

Probably someone with HR or employment law experience will be able to advise better though.

You can't include the holiday you went on as her paid holiday? Surely that was your decision? You could have asked her to come with you, or asked to try and co-ordinate holidays so you both went away at the same time.

You could explain that she doesn't have any paid holiday leave and she could take unpaid leave or you could assume she will be working for you for the full year and just dock final ages if she leaves owing paid holiday.

It does seem really unfair though that you went on holiday and made her use her paid holiday to be paid for it.

How does it work with nannies - are you allowed to say those paid days you gave her while you had a family holiday were her holidays?