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Nanny threatening with HMRC unless we give positive reference

39 replies

DRDG · 21/11/2016 21:36

Hello,
We recently had a nanny work her probationary period and due to a number of issues we agreed to part ways. The nanny was disappointed, particularly as she seems to be providing financially for her family in her home country, and wanted to stay on until she found a new job. We declined but I offered to help her find a new job so I put the word out - I was quite happy to do so as she has some good qualities, she just wasn't able to keep up with our busy lifestyle and the ages of our kids also weren't a good fit for her. But I felt she could work well for another family.

The nanny is already interviewing with some families and asked if I would support her story, which basically is that we had agreed on a short term arrangement and that she wasn't asked to leave. I declined: I don't feel comfortable, also I don't feel that there is anything to hide, after all I was happy to recommend her. As she is interviewing with people who more or less move in our circles, it can't be excluded that they would eventually learn of the circumstances anyway, so far better to be upfront.

The nanny then told me that she will report us to the HMRC for having paid her cash in hand for her probationary period, unless we support her story and give her good references.

Add to this that since she left, I heard some very negative things about her from three (!) separate sources, concerning how she behaved around one of my children. Nothing abusive but also nothing I would approve of.

What do I do now? I clearly can't stand my my recommendation anymore, but it's so tricky to give a bad reference. I am assuming HMRC wouldn't care as we paid under the threshold amount, and we have always done nannytax for all previous employees, but as she seems to be on the warpath I wouldn't put it past her to sue us if a negative reference prevents her from getting her next job. At the same time I can't lie, so if I'm contacted for a reference (which hasn't happened yet) I will have to answer any direct questions truthfully. Any advice would be much appreciated.

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EnormousTiger · 26/11/2016 15:33

3 weeks part time no tax due. Just tell her to take a running jump. Never give in blackmail.

ittybittyluna · 24/11/2016 17:50

NannyTax gave my most recent employer incorrect information on the tax she needed to pay me. They insisted that because I was earning under the threshold nothing was owed, however I had already given her a Starter Checklist (P46) which stated that I had another job (which paid far and above my tax free allowance, meaning that anything I earned additionally would be taxed at 20%, and was the main reason I'd insisted on agreeing a gross hourly rate). It took weeks for me to convince her that it had to be declared even though NannyTax were telling her something different. So definitely push the point with them.

I'd decline to give a reference from here on out.

BratFarrarsPony · 23/11/2016 18:30

myoriginal I could hazard a guess but I am not saying ...:) I don't want to be accused of racism!

myoriginal3 · 23/11/2016 18:29

References say more in what they don't say. Do not lie on a reference for her. Let me guess where she is from?

PersianCatLady · 23/11/2016 18:24

Blackmail only works while something is being kept hidden.

Call HMRC and explain your situation and then the nanny has nothing over you.

Cucumber5 · 23/11/2016 18:23

The fact she's blackmailing you now blows things out of the water.

Cucumber5 · 23/11/2016 18:22

What three negative things have you heard?

I would be factual and honest in any reference. You could always say x worked for me from x date to x date and not much more.

EssentialHummus · 23/11/2016 18:19

Another one for what FatOldBag says.

You're well rid.

BratFarrarsPony · 23/11/2016 18:18

yes she hasn't thought of that. Possibly you could remind her?
Tell her that people from Xcountry get deported for not paying tax ( horrible i know but what she is doing / has done is horrible too)
In addition isn't blackmail a criminal offence? Maybe remind her of that as well.

stuckinny · 23/11/2016 18:16

I don't know much about nannytax but surely reporting you to HMRC is a double edged sword. It also means she's reporting her own cash income that she too will have to pay tax on.

BratFarrarsPony · 23/11/2016 18:11

also what FatOldBag says.
And what others have said, it is not even legal to give a false reference/testimonial.

I have seen a 'legal' reference and it said something like;

'so and so worked here between x date and y date, and completed their duties satisfactorily while they were here'

Could you even put that about her? I think not. All you could really was the first bit.

And if she is attempting to blackmail you, tell her to do one. Scammy bitch.

Dapplegrey1 · 23/11/2016 18:07

What fatoldbag says.

ElizaSchuyler · 23/11/2016 18:02

How much did you pay her?

FatOldBag · 23/11/2016 16:30

I would say in light of the threat you will no longer be giving her a reference. She may go to HMRC, but then you'll have to pay a bit more tax (or not) not a massive problem, whereas explaining to friends why you gave a good reference knowing she wasn't great AND had form for blackmail would be much, much worse.

OVienna · 23/11/2016 16:17

I agree about getting some sort of statement out of HMRC. She sounds bonkers and with potentially quite a lot of time on her hands.

Hoppinggreen · 23/11/2016 16:02

Just don't give a reference, you don't have to nd can she ky be sued if you give an inaccurate one.
If asked just say that you feel unable to give a reference which will give a clear message how you feel about her.
Also check with HMRC nd if they say you need to pay tax then do so asap

Blondeshavemorefun · 22/11/2016 21:42

As others said you should have done the tax legally

So ring up and say she worked for you date to date and you want to pay the tax on salary

If she had no other jobs then you wouldn't owe tax on a gross salary for 3w but works need to pay employers ni

Then say no to written ref. But people may call you

Dapplegrey1 · 22/11/2016 17:13

Sort it out with hmrc if necessary and then tell the nanny that blackmail is against the law.

OVienna · 22/11/2016 17:08

Does she have any proof she worked for you? Like a draft employment contract?

LIZS · 22/11/2016 13:07

Sort it out with hmrc and she won't have the hold over you. Presumably you did check her eligibility to work in UK etc.

MadMadDonna · 22/11/2016 13:00

If she was only with you 3 weeks I would call HMRC or nannytax or whoever you use and clarify with them what your obligations are. Tell them it was a trial and you weren't sure what to do but want to clear it up now. Then once you are clear on your position, tell her you have sorted it out. I would verbally tell her that you are not happy at being blackmailed and you therefore withdraw any support in finding a new job. Call your friends, tell them (assuming you trust them, which you probably do). If anyone comes to you for a reference don't give one. At all. It will speak volumes. Stupid woman, she sounds horrible, you had a lucky escape.

Karoleann · 22/11/2016 12:53

Next time you must get tax sorted when you start employing someone.

Just get it sorted now, did she give you a P45 from her previous position? There may be tax owing as the tax allowance covers the period from April 2016, so she may well have earnt over the threshold from her previous job(s).

Ring up nanny tax and explain that they have given you incorrect advice and then set her up as an employee and pay the tax that you owe.

Don't be blackmailed and certainly don't give her a good reference.

poisonedbypen · 22/11/2016 08:38

Most companies these days will only give a reference confirming dates worked and nothing else. You could do the same

HSMMaCM · 22/11/2016 08:34

Just sort out HMRC and give her a p45. She can't blackmail you then.

Just give a factual reference - start and end date, reason for leaving. Keep it brief, no need to elaborate or pass on heresay.

Does she not realise she's risking you telling a new employer she tried to blackmail you?!

P1nkP0ppy · 22/11/2016 07:36

So you can add blackmail to the list of issues.
I would contact HMRC and clear that up then tell her you won't stand for being blackmailed and no, she will only be getting a factual reference I.e. Start/end dates, any sickness and that's that.