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Original poster

Nanny leaving and wants to break her notice period

69 replies

hemhem · 26/10/2021 17:02

Has anyone dealt with this before? Nanny announced today she wants to leave this week!! Her contract has a 4 week notice period but she has been offered a job overseas and needs to leave on Monday to start with them. I've told her we can't accommodate this but she says we have to as her new employer are demanding it.

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Amberflames · 26/10/2021 22:09

@Dhcfisssifjrsnxfjds

You can’t just deduct for her salary for damages you might suffer. You will be in breach yourself
And? Do you really think a nanny that is in breach of contract will go after her employer (from another country) for not paying wages in full?
Amberflames · 26/10/2021 22:07

OP I meant deduct the difference, not the full amount. I would certainly propose that to her as a compromise for her not working her notice.

Original poster
hemhem · 26/10/2021 22:06

We're north of Inverness. We could offer livein, we have the space, but never done this before. We've always had live out, for the past 8 years anyway. Finding someone in this area at short notice is not easy. Even coming from Aberdeen is a 2 hour commute

OP posts:
SunshineCake1 · 26/10/2021 21:57

If you want to say roughly where you are someone might be able to help.

Blondeshavemorefun · 26/10/2021 21:53

@hemhem

I've advertised on childcare.co.uk.

Unfortunately we don't have any support from our workplaces. My DH is self employed and my employer isn't very family friendly anyway, hence why we have a nanny in the first place as nursery/after school clubs etc don't work for us.

From what I've heard today from our agency a temporary nanny would cost more than what we pay at the moment so I can't very well deduct it from her pay, it'd be negative! The agency rates are more than £20/hr plus they take a weekly placement fee.

£20ph. Wow. Temp work my area is £13/14 gross plus I think £15/20 A day on top to pay agency
Dhcfisssifjrsnxfjds · 26/10/2021 21:51

You can’t just deduct for her salary for damages you might suffer. You will be in breach yourself

SW1amp · 26/10/2021 21:51

Do you have space to accommodate a live-in temporary nanny?

If so, you can contact nanny agencies further afield, and the saving from having some living in will cancel out the premium of having someone temporarily

Dhcfisssifjrsnxfjds · 26/10/2021 21:50

Is she seeking a reference - if so just tell them factually that she did not serve her notice period. You cannot enforce a contract for personal service so forget about suing her.

Original poster
hemhem · 26/10/2021 21:50

I've advertised on childcare.co.uk.

Unfortunately we don't have any support from our workplaces. My DH is self employed and my employer isn't very family friendly anyway, hence why we have a nanny in the first place as nursery/after school clubs etc don't work for us.

From what I've heard today from our agency a temporary nanny would cost more than what we pay at the moment so I can't very well deduct it from her pay, it'd be negative! The agency rates are more than £20/hr plus they take a weekly placement fee.

OP posts:
unfortunateevents · 26/10/2021 21:47

OP get a quote from an agency for a months worth of temp cover. Then tell her you will be deducting the additional cost from this months pay. - OP has already said in a post that the only agency in her area does not have any temp nannies currently. Also deducting a month's worth of nanny cover from the current nannies salary would be a) illegal and b) more than the nannies actual salary for this month! The nanny may have behaved badly but has worked this month and is entitled to be paid for it!

OP, I know it is no comfort but a family who demand an immediate start from a new nanny in current employment don't sound like they will be particularly understanding employers. Also I suspect the nanny has had her head turned by the thought of "abroad", this has all happened very quickly so I wouldn't be the least surprised if it doesn't end well for her.

MustBeDueSomeBetterFeet · 26/10/2021 21:39

Do you or your DH have access to emergency childcare via work?

Also have you advertised on childcare.co.uk?

Amberflames · 26/10/2021 21:32

OP get a quote from an agency for a months worth of temp cover. Then tell her you will be deducting the additional cost from this months pay.

Amberflames · 26/10/2021 21:30

@Iflyaway

Let her go. And wish her the best.

We've all done it for our career/life chances/choices.

She may have been your nanny but you don't own her.

Wtf? No, I’ve never screwed over and employer for a career or life choice and I expect most decent people wouldn’t do this either.

I expect my nanny to turn up for work every day and do the job I pay them to do. I would expect them to work the notice period that they agreed to when they signed their employment contract. How would that imply I think I “own her”?

Blondeshavemorefun · 26/10/2021 21:22

@hemhem if the new family expect her ASAP sure they will
Expect other things off her

She could have flown out 3w later to join them

I’m sorry after 3.5yr she has done this to you

AtillatheHun · 26/10/2021 21:20

she's very silly to do this. She will not be able to explain a 3.5 year gap in her cv so you will be asked for references in future (I used to get requests years down the line) and even with a totally factual report, it will put off a lot of people - it displays a lack of loyalty, professionalism and suggests general unreliability
(& her new bosses will be difficult)

Viviennemary · 26/10/2021 21:13

Just let her go. But its a poor show from her. Chances are it wont work out where she goes.

Original poster
hemhem · 26/10/2021 21:09

Don't get me wrong I am well aware I can't stop her leaving. I would expect her to give the relevant notice and be able to work her notice period. She's been with us for 3.5 years and my DC absolutely love her so its also the sadness for them that she's suddenly going to leave them with barely any time to prepare and no possibility to arrange a proper handover with a replacement. My youngest DC is anxious at the best of times and is really upset and keeps asking who will look after her next week.

Its not like I can suddenly give up my own job at a weeks notice and neither can DH. I've advertised locally and on the usual local groups. 4 weeks would have been manageable to find someone else but less than a week is not!

OP posts:
Blondeshavemorefun · 26/10/2021 21:04

@Iflyaway

Let her go. And wish her the best.

We've all done it for our career/life chances/choices.

She may have been your nanny but you don't own her.

We haven’t all done it

I wouldn’t leave a family in the lurch

One job I interviewed for wanted asap as their nanny left them in the lurch

I explained I had 6w notice

My family was moving abroad but I said I would stay till they left - was 6w left

I told new family that I couldn’t start till feb

Interview was Dec

They got a temp nanny in till I could start

Iflyaway · 26/10/2021 20:53

Let her go. And wish her the best.

We've all done it for our career/life chances/choices.

She may have been your nanny but you don't own her.

QforCucumber · 26/10/2021 20:49

By law she has to be paid for hours worked and accrued annual leave. And no you cannot deduct notice not worked from this, if you did ACAS would be after you and you'd end up compensating her!

Blondeshavemorefun · 26/10/2021 20:47

Totally unprofessional

Was she with you for long

And yes I would say in any ref that she left you in the much as wouldn’t work her notice period

What area are you in

Are you on a local fb group uou can post. Often mums /nannies looking on ours

Palavah · 26/10/2021 18:18

Given that she's breaking her contract what can she do to help you find someone new, even temporary, to cover?

ajandjjmum · 26/10/2021 18:17

Similar happened to us (not with a Nanny) and as was always likely to happen, karma bit back, and the girl in question was soon begging us for her job back. Common sense tells you that if a future employer is dictating terms to that extent, they are not going to be a good, considerate employer - and you'll pay the price.

Not much help to you at the moment though hemhem.

Original poster
hemhem · 26/10/2021 18:08

Thanks Sunshine. I called our agency earlier today, they don't have anyone available for temporary cover at the moment. I'm rural so there's only 1 agency in my area and its not as easy as say London or home counties

OP posts:
SunshineCake1 · 26/10/2021 17:58

As I said, get a temporary nanny. Lots of people do this kind of position. I used to do it.