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Please help!!! Contract of employment - Nanny

37 replies

ziopin · 22/05/2007 12:42

Oh, I'm in a right pickle!!

Right, my nanny is off on maternity leave (as you all know by now)

When she comes back at Christmas, I will only need a part-time nanny. (She is full time now!) I know I'm supposed to offer her the same job back, but she also said that she wants to bring her baby.

I know there are some strong maternity employments rights to be careful of here, she wants me to write it all down for her, her new hours, pay, holidays etc and take them to the citizens advice to make sure she is not being shafted.

What should I write for her new contract that will not land me in a whole lot of trouble?

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Genidef · 22/05/2007 17:01

It sounds like this girl is up for a squabble and may have the time on her hands to be a nuisance to you if you put a wrong foot forward, even if it comes out right in the end.

If I were you I would pay for a couple of hours of an employment lawyer's time to make sure you've covered all the bases here.

MrsWobble · 22/05/2007 16:24

but be a bit careful about the timing of the redundancy. If the post is redundant then it is presumably because your situation has changed - ie your child starting school so not happening until Sept. Unless you are a teacher and therefore in no need of childcare over the summer holiday I don't think the post is redundant until Sept. If you are a teacher then you could make the nanny redundant as of the end of the summer term I think.

Eleusis · 22/05/2007 15:03

It means you don't have to pay her out for the redundancy. If she had been with you more than 2 years, then you'd owe her a redundancy package.

ziopin · 22/05/2007 14:53

She has been working for me for less than a year. Does this make any difference? She only started in August of last year

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jura · 22/05/2007 14:36

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jura · 22/05/2007 14:33

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Eleusis · 22/05/2007 14:16

Aloha, the job in September is the one that is a revised job spec. She can make her redundant and then offer her the new position which begins in September (which nanny won't take because baby won't be allowed).

fifilou · 22/05/2007 14:14

aloha, she could....if she says she doesnt want the baby to come back with the nanny.( which she has every right to do)

the nanny will surely not take on a part time nanny position, and then have to find her own childcare? that would be potty!

fifilou · 22/05/2007 14:12

Nanny tax is brilliant, I often write artices for their magazine.

They offer lots of advice, and you can get lots free from their website ( www.nannytax.co.uk)

Aloha · 22/05/2007 14:12

If you are making her redundant you wouldn't be allowed to employ a temp nanny to do the same job though, as that would show the job wasn't redundant.

Eleusis · 22/05/2007 14:09

By the way, I am certainly no lawyer. So, it would be wise to consult a lagal professional. Nannytax (if you subscribe to them) is usually quite good about employment advice.

ziopin · 22/05/2007 14:02

Hi, just got back from the lunchtime detention!

Thanks so much for all your posts, I feel so much better now.

I think I'll opt for the redundancy route, and tell her that I may be in a postion to employ her again in the future, but without the baby. Hopefully this will deter her.

Thanks again xxxxxxx

OP posts:
Eleusis · 22/05/2007 13:55

She is a nanny. She is Canadian and is here on a working holiday visa. My next nanny, as it happens, is also Canadian.

fifilou · 22/05/2007 13:54

Visa?

Is she a nanny or an aupair?

we were only kidding!

if you read through my posts you will see I've agreed with you, I just dont want zioplin to get collard by an employment tribunal...........this girl sounds like she knows what shes doing!

there is no point employing someone youre not happy with. Whats the point? but she has to be careful!

Eleusis · 22/05/2007 13:51

Since you asked...

Current one is leaving because her visa is up and she must leave the country. We are all sad that she is going... but nothing I can do to stop it.

My nanny doesn't treat me the way Ziopin's nanny treats her. So I am nice to her. For goodness sake this nanny is trying to charge Ziopin for fictitious bank charges.

fifilou · 22/05/2007 13:48

am giggling woodenspoon!!!!!!

woodenspoon · 22/05/2007 13:46

don't ask if her she employs a nanny; ask her how long they stay...

nogoes · 22/05/2007 13:35

Ziopin, does her maternity leave expire in September or December?

fifilou · 22/05/2007 13:33

elusis.....

just wondering...do you employ a nanny?

fifilou · 22/05/2007 13:32

also..... if you say shes unrelaible and unpredictable why on earth are you concidering keeping her on?

Have you ever given her any verbal warnings? written?

Eleusis · 22/05/2007 13:30

You can make her redundant effective September 1st. Tell her you plan to use a nursery/childminder/au pair combination now that the older child is in full time school. That's it. Job done.

Tell her verbally that under no circumstances do you want the baby returning with her.

Then, come September, you change your mind and decide to hire a nanny anyway. Draw up the terms of this position, and offer it to her. (again not allowing baby to return with her). She will decline the offer and you can hire whomever you like.

When you hire the new employee, write a fixed term contract to protect yourself from being in this situation again.

Also, temp nannies are quite expensive, so by making her redundant and hiring a new longer term nanny, you avoid the increased expense of a temp one.

fifilou · 22/05/2007 13:30

aloha is right, she cant come back with her baby if youre not happy about it.

If youre really not happy with her, you should just say you dont want her to come back with her baby, and hope she decides to find another position.

you know what? There are some really lovley nannies out there and she sounds like a right old money grabber and mess arounder. you have to be happy, you cant just keep her because she makes the children laugh. Unhappy mummy, unhappy children hey?

Why not take charge, and call her in for a chat. tell her the job will be redundant now as the children are at school, tell her youre not happy about her bringing her baby back with her as you want a sole charge nanny not a nanny share, then offer her part time without her baby, and see what she says.

Aloha · 22/05/2007 13:23

And remember, she has no right to come back and bring her baby with her. Me, I'd feel our relationship had totally broken down at this point and simply refuse to let her return with the baby so she wouldn't want to come back.

fifilou · 22/05/2007 13:22

here you go love!

I found out this :

If your circumstances change and you no longer have a full-time job for hyour nanny, perhaps due to the children attending school full-time or one parent working part-time, and you want to employ your nanny on a part-time basis, you are required to first offer the 'new' position to the existing nanny. If she chooses not to continue working under the new conditions you are still required to pay her redundancy pay, unless she is on a fixed term contract. (She is only entitled to this if shes been employed by your for two years.)

also this:

A woman returning from Ordinary Maternity Leave is legally entitled to return to the same job, on the same terms and conditions, as if she had not been absent. The only exception to this would be if a redundancy situation had arisen, in which case she is entitled to be offered suitable alternative employment.

If you do not give the returning employee her job back at the end of her maternity leave, she would be entitled to make a claim of unfair dismissal to an employment tribunal.

Eleusis · 22/05/2007 13:15

And what are the hours of the job come September?

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