Old nanny returning from maternity leave with baby! Help

I also agree with fbb and rrr (but held back in the current mn climate and all ). If she's not great and she'd resign if you didn;t agree to change her terms and conditions (and the mat cover nanny is lovely) then isn;t it a bit of a no-brainer?

Ziopin,

How shall I put this....

If you let that baby in your how for one minute you are letting the horrible horrible nanny walk all over you. Once youlet the baby in you will find it much harder to get rid of it. How much pain do you want to allow this woman to inflict upon you and your children???

You know what you need to do... don't you?!?!?

A big fat NO will do it. Have you got a new contract or are you operating under the old one.

Where is the temp nanny while this is going on? Have you let her go?

if you really like her and she was great then, if I were you, I'd give it a go. but (and this sounds more likely) you have reservations about her anyway then I wouldn;t.

If you do give it a go then you need to look very carefully into the legal situation. you have a nanny now employed under certian terms and conditions. as pp points out you are under no obligation to change those terms and conditions. however if you do change them - even for a trial period - how easy would it be for you to change them back? I don't know the answer to that, but it's something you need to be clear on. your verbal/informal agreement isn;t enough, imo,to proceed. you need to be sure she can't, legally speaking, challenge you if you want to revert to the original terms.

You've been complaining about this nanny for ages and you really like the new one - and now a perfect opportunity has arisen to get what you want. Why would you let her bring the baby if you don't want her to come back?

Just say no, particularly if you want to keep current nanny! There's no way you are under any obligation to agree to it, that's a significant change in terms and conditions.

I don't think you have to agree to flexible working in this case. You would arguably have a very good case that your child needs continuity and not the disruption two different care givers could bring. I think you'll be fine saying no, but I would lay it out in a letter, as you indicated, so you'll be less likely to back down.

Ziopin I remember your earlier threads. Stick to your guns, I think this situation has the all the hallmarks of making you miserable, being stressful. Don't go there.

I think as you are legally covered stick to your guns and say I'm very sorry but I've thought very long and hard about it and I do not want another baby in the house whilst my children are being cared for. Perhaps put this is in writing so you cannot feel pressurised into allowing her to go ahead with a trial you do not want. Do you think your current nanny would work say 3 days per week if your old nanny then asks for flexible 2 days per week?

Presumably if you need full time care for your dc and you cannot find another nanny to do the part time hours then you would be able to turn that request down as well?

Oh, link didn't work - try againwww.taxingnannies.co.uk/inland-revenue/payroll-legislation/maternity-rights.aspx

Right, leaving all the problems aside, I think the issue is going to be with her employment rights (and you shoudl not complicate with old issues that could/should have been dealt with at the time).

I have looked on teh following website http://www.taxingnannies.co.uk/inland-revenue/payroll-legislation/maternity-rights.aspx and the bottom of the page says:

"Rights and obligations when returning from maternity leave

Employees are expected and can expect to return to work at the end of their maternity leave period on the same terms and conditions as before. This means that a request to bring the nanny's baby to work can be refused. However, the employee does have the right to request part-time or flexible working and proper consideration has to be given to this request and only rejected on substantial grounds. "

So it looks like you are covered. She is not requesting flexible work (i.e. jsut working 2 days), she is asking to change her working terms adn conditions - i.e. bringing her baby along.

Therefore, I think you should say no on the basis that she is entitled to return to work on her existing terms and conditions, and you have no obligation to change or consider a change to those terms and conditions (noting that this is not a request for part time hours or other flexible working). Put it in writing to close it off.

Hmmm, not sure where she stands on this, as you are her employer effectively. Hopefully someone more knowledgeable will come along.

Why do you not want her to bring her baby? Is it because she might not give yours full attention?? Just wondered. Just thinking that it could be good for your DC to mix with others during the day. I am really glad that my CM has other children as the kids love seeing them.

However, if you feel really strongly that it is not going to work, you might be best standing your ground and saying no, your terms or not at all (get some 'legal' postition advice first though - hoepfully from the fountain of knowledge that is mumsnet)