Nanny thats covering for Maternity leave is so much nicer. How can I keep her?

Careful how you do that though as if you do it too aggressively then she might resign and claim constructive dismissal. If you think she is unlikely to come back (which given her childcare situation and lack of desire to leave the baby with anyone else is a possibility) you could always ask your current one if she's willing to go permanent in that event.

When/if she does come back to work, can't you say that your replacement nanny had lots of new ideas and ways of doing things, and you prefered her methods, and could she please do things the same way? She'll get so pissed off at constantly being compared and criticised that she'll leave. Problem sorted!

Eleusis is right (and a fount of wisdom when it comes to employing nannies) it is much better to use a method that you can prove payment like cheque or bank transfer.

Note for the future. If you have such a system set up and a nanny wants the payment in cash then if you are willing try and have a sort of petty cash back up system eg they come to you to collect it and sign a receipt proving they got it so you have for your records. There's always the inland revenue factor to consider on your part.

I guess if she didn't phone you asking where is is she got it

just catching up witht his post but it's all done lol

Oh Ziopin, tell me you didn't do this. If you give her cash she could easily say you never paid her. No no no. Let her work out how to cash a check. Or transfer it to her bank account (at least then you have an online record of having paid her).

She is a real piece of work. Please don't trust her with anything.

As for flexible working.. oh good God I never even considered that a nanny could make a flexible working request. It would most certainly not suit the "business". And I still find it inconceivable that I am a business... that that's another thread.

I don't know if you've sorted this yet but FYI the main legal right that a woman has on returning from mat leave is to request changes to her working hours to ensure she can manage childcare. The employer has the obligation to seriously consider how this can be managed but there are a number of get outs they can use. The most common one is doesn't suit the business needs. www.netmums.com/h/n/WORKING/HOME/ALL/265//#flexible

The right to bring your baby to work with you is not a change that is relevant to most workplaces. However, I know that in nurseries when employees want to do it they either don't allow it or only allow it where the mother works in a different room from their own child. That is a policy decision. Most workplaces do not have the facilities to allow such a change - I can imagine ds having a wonderful time crawling round my office eating the computer cables!!

Get her to offer you the possible changes formally ie in writing(an employee can only make one application for flexible working in a year)and then come up with a business reason for why it won't suit you (e.g. part time you want someone full time and no other employees to assist - you don't have to pay for her benefit).

Oh, sorry Ziopin. I missed this. I think the chances of her wanting to return without the baby are pretty slim. It is true you can't make her redundant. But, you can fire her. However, I really doubt it will come to this.

I imagine she has already been on the phone to CAB to see what dirty tricks she might be leagally entitled to play on you.

Keep us posted. And feel free to come round for a shake any time you like.

Good luck! We are here if you need us.

If she is happy to come back without the baby, then you have no choice but to take her back and make the best of it.

You can't make her redundant and then employ someone else in the same job - you can only make her redundant if your childcare requirements have changed.

If you're not happy with her performance after she has returned, then you would need to have discussions with her about that, and give her verbal and written warnings, and if she did not improve you would then be able to sack her. However the chances of your maternity nanny being available then would be considerably less ...

difficult one. I don't know the legal position with this. But if she came back, could you not then give her the required notice period? i've only used childminders so don't know how it works with nannies

what will you do if she decides to come back without the baby??

Well done ziopin!

[big round of applause]

Here's hoping things get sorted out asap.

Well done ziopin. Re-read this thread and your others before she comes round so that you remember just how awful she is.

Good luck!

I don't think numpty nanny will have a leg to stand on if all she can do is claim a verbal agreement that Ziopin can easily deny.

Anyone considering defending this nanny and her employment rights out to read the links I pasted below and see what kind of nanny she is.

changes to the employment contract can be made verbally that is correct.

However based on what the OP has said, this doesn't sound like a formal variation of what is a written contract between them.

There is no 'custom and practice' here, this isn't something which is currently being allowed, it's a discussion about a future arrangement.

And bottom line is, even if the discussion could constitute a formal variation of contract, there is plenty of time to vary it back again.

Just browsed the ACAS website. Changes to the Employment Contract can be agreed verbally.

So tell her the bad news, and see what the reaction is. Then call ACAS is necessary.

I agree with Eleusis, tell her you have been thinking about her return to work and that baby is not welcome. You haven't agreed that baby can come with her, in writing, so I think she may have a hard time battling it.
However, if she kicks up a fuss, contact ACAS 08457 474747 and/or an employment lawyer for advice regarding having told her verbally previously that baby was welcome.

Also you offered her the part time job already yes? But have you written a new part time contract if so do it now and show how what the hours would be and what you expect her to do. Afterschool play dates, help eldest with homework etc etc etc Lots & lots of detail to help her make the decision whether or not she wants the part time job

er, ziopin - responded to your request for legal advice a few hours ago...

Don't forget to come back and tell us how the phone call went.

I tis very common practice to tell ananny that the job awaits her but baby is not welcome. If she chooses not to return to work then that is her choice, not yours. You are simply maintaining the previous arrangement.

I don't really think you need legal advise to do this, but I suppose it doesn't hurt.