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

Original poster

Nanny poaching?

34 replies

HappyDaddy · 02/03/2007 13:45

I hope there are some with a legal bent, or experience who can answer this for me.

Our childminder, works at nursery during the day and brings our dd home with her after work. She's keen to move into nannying and we're keen to take dd out of nursery and for her to be dd's nanny.

Here's the question. What are the implications and workaround if the nursery suspect we've poached her? It's possible they will as we'll have to give notice to take dd out of nursery and childminder will also have to give her notice at the same time. It would be so perfect if we can get this to happen but don't want to get caught in some legal bullshit argument with the nursery.

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Eleusis · 02/03/2007 15:41

Didn't you say she is a childminer? If so, you are sorted. (though I much prefer to think of you as in the "fuppy shipple" )

You just can't be her employer. But, there is nothing to say youcan't be her client. Get her to bill you as a childminder for a few months, then bring her onto the books as a nanny.

Gordon will never know.

ScottishThistle · 02/03/2007 14:26

Ah ok thanks for teaching me something!

Perhaps she could do a temp position for 3mths then come & work for you?

Original poster
HappyDaddy · 02/03/2007 14:21

Ok, thank you all very much. Now to find out if there is a contract, without arousing suspicion. I can't remember.

Also need a better job to pay for nanny!!

OP posts:
Eleusis · 02/03/2007 14:07

It's because nusery don't pay very well. So, they have a problem with families pinching the staff and taking them on as nannies. So, most nurseries wriote into the contract a penlty if you hire on of their staf within say 3 months of leaving the nursery. This is very common.

HappyDaddy, don't you have a contract with the nursery? If you don't then they can't claim anything from you. And you also wouldn't be required to give them any notice. But, I'd be very surprised if this is the case.

ScottishThistle · 02/03/2007 14:00

Is that really a problem?

I can't see why a nursery worker couldn't just leave her work, giving required notice & start working for a family who's child attend the nursery!

Mumpbump · 02/03/2007 13:59

Well, if there is no contract, then you're unlikely to run into difficulties... The worst they could do is to try to recover the cost of replacing her (ie. any recruitment fee they incur) but since they would have to show that she would never, ever have left otherwise, I think that would be difficult for them.

Original poster
HappyDaddy · 02/03/2007 13:57

What contract would that be?

Childminder doesn't have a written contract, either.

OP posts:
Mumpbump · 02/03/2007 13:56

Or you could just offer them some cash as an introduction fee to keep them happy...

Eleusis · 02/03/2007 13:54

Read your contract!!! (and tell us what it says)

You could always give notice say 3 months before going and she could give it one month before.

Or, you could employ her as a childminder until the your grace period (whatever is stated in the contract) is up.

Basically, if they can't prove you are her employer you are in the clear. If they can, you are in the shit. (as in fupppy ship)