Please or to access all these features

Paid childcare

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

after-school nanny - is this a sackable offense and if not how to handle it?

37 replies

bossykate · 18/08/2009 10:43

our after-school nanny has been on holiday in her home country for the last four weeks - this was agreed as pre-existing holiday when she joined us, even though it has not been particularly convenient in that it has not coincided with any family holiday. i texted her yesterday asking her to pls remind me what date she was coming back (thought it was in fact yesterday tbh - the four weeks being up) got a very apologetic text saying that due to lots of problems with husband's car (they drive there and back) and having to order new parts from out of the country they are not able to come back until 31st August - an additional two weeks off.

i was absolutely furious last night when i got this. i haven't yet replied. h no help at all - actually we can manage for another couple of weeks. but as far as i'm concerned that's not the point. to me this is a sacking matter. otoh, i could give verbal/written warning or dock pay (dodgy legal ground?). contract explicitly states amount of holiday and that there is no entitlement to unpaid leave.

nanny is excellent - but think we have gone beyond that, iyswim.

please help - wwyd?

thanks in advance

OP posts:
Are your children’s vaccines up to date?
New posts on this thread. Refresh page
1dilemma · 03/09/2009 23:27

whoops just realised I never posted any useful advice
I don't have any actually sorry!

Here's hoping your nanny takes this as a bit of a wake up call, I gather the job market out there is worse for nannies than it has been

HarrietTheSpy · 03/09/2009 23:04

I'm not surprised this was your decision. It's really tough to recruit for after school only, I have two friends at DDs school really struggling to find a CM or a nanny who can do this. Hope she is settled/committed now that she's back and you can get on with things!!

bossykate · 03/09/2009 23:00

hi 1dilemma

thanks for your interest

yes i always get frustrated when i don't find out what happens in the end so i try to post an update when i can

i don't know about being back as i was never away

weeeelllll, let's just say i find it easier to lurk than to post these days - but then threads like this one are so heartening.

OP posts:
1dilemma · 03/09/2009 22:50

oh thanks for the update, I saw this again a few days ago and wondered what had happened it's always frustrating when you don't hear anything isn't it

Hope the holiday was good and you have been having a break for good reasons, are you pback now or just popping in?

bossykate · 03/09/2009 22:46

Hi LadyMuck

Just to let you know I have CAT'ed you.

BK X

OP posts:
bossykate · 03/09/2009 22:31

hi everyone

back from holiday now so here is the update for those who can't bear the suspense updated that thread.

i responded to the news as i said above and nanny came back to work on tues as she'd said and we had The Talk.

as i think i made clear, i didn't/don't want to sack her at all - even in the couple of days she has been back, and with all the baggage of this holiday crapola, she has been super fantastic again. (yyyy - when it all goes to shoite and am i looking for advice on her replacement you can all tell me you told me so )

so, having decided to keep my powder dry, i looked at my contract and my disciplinary procedure states verbal warning then written etc. i realise i could have escalated beyond contract terms but since (emphasises) i don't actually want to get rid of her thought this would be face saving option for all parties. so we had The Talk with me getty Heavy re Unauthorised Holiday and Unpaid Leave and Shocked and Disappointed and This Must Not Happen Again. We agreed she would not be paid for unauthorised holiday with me putting it in writing this This Must Not Happen Again and No Entitlement to Unpaid Leave despite this one time etc etc.

yes i think i am running a risk with her now but i am not in a position to fire at will right now and yy i could be making a rod for my own back.

reading this back, i am sounding a little defensive - please be assured that i am very grateful for the support i have received even if i have chosen not to act on the majority view - for now.

thanks to all for your kindness

OP posts:
45nanny · 24/08/2009 07:30

BK , did i read your last post correctly, are you going to be away for the next couple of weeks. what is your nanny going to be doing for those two weeks , are you leaving the children behind. did i read your post wrong?

HarrietTheSpy · 23/08/2009 10:01

Oh my gosh, I didn't think anyone was paying attention to my moaning!

bossykate · 21/08/2009 22:09

fantastic, look out for something when i am back from hols in a couple of weeks.

OP posts:
LadyMuck · 21/08/2009 22:05

Would love to - you're one of the MNers I try to keep an eye out for, so the stalking is mutual!

bossykate · 21/08/2009 20:57

thanks everyone, i'm very grateful for the support and advice i've had on this thread

mummypoppins and harrietthespy, i know you have had your issues in the past, so your insight is very welcome.

nannynick, always the voice of reason.

thanks very much for all responses

OK so this is what i have replied to nanny.

Dear Nanny

Thank you for your text. I have been considering my response. If I understand your text correctly, you are telling me that you are taking an additional two weeks of unauthorised holiday. I would like to remind you that your holiday entitlement stands at 28 days including bank holidays and that your contract states there is no entitlement to unpaid leave. I look forward to your return to work on 1st September so that we can discuss the situation further.

Best regards,

BossyKate

i will consider what to do on 1st Sept - verbal or written warning. will not terminate then, but think nanny might flounce when challenged, so will be looking asap after holiday.

i am very grateful for the wise advice here.

thank you all very much for your help

hi AN - no i haven't been around for a while pperhaps it's time for another meet? i haven't seen legalalien around much either.

hi ladymuck - thanks very much for your post. you've always been very kind and helpful. i'm not here on mumsnet very much any more but have been thinking for a (long) while that i should CAT you with a lunch invitation. we are only a short jaunt away on the A23 (!)and i thought it would be nice to meet in person. i'm off on hols so it wouldn't be for two/three weeks.

OP posts:
mananny · 20/08/2009 06:00

I agree with OMP! I think trust and reliability are key in any occupation and your nanny has let you down on both counts. You'll find another nanny who will treat her job a little more respectfully and actually turn up/communicate. And your little one will love her and play with her and have a fabulous time! FWIW you sound like a considerate and flexible employer, which is a very good thing. Keep all the texts etc between you and nanny, and like someone else said tell her she has a choice: be at work on Monday or her job will be advertised as available for someone else. A two week vacation is one thing, but to take several weeks off and be incommunicado when she is supposed to return really does suggest she doesn't want to come back. Either that or she has total disrespect for you as her employer. Neither one is worthy of hanging around waiting for her to come back.

theoriginalmummypoppins · 19/08/2009 23:03

BK I would echo what others have said on here. Some ( but by no means all ) nannies think that because they bond with your children then they are bombproof and have the right to behave in the most appalling manner and yet still retain their jobs.

Remember AWOL was a criminal offence in the army years ago and I am afraid in my book it still should be now for all employees !

There are plenty of good nannies out there. All of us seasoned employers on here would tell you that children take to good nannies instantly and you should not be afraid of changing . I have let situations fester in the past ( and been judged by the mumsnet board for it ) and bitterly regretted it.

Does this nanny deserve such goodwill on your part ?? NO.

All she had to do was treat you fairly for the same in return.

Get rid. I am a lawyer if you need any help.

OMP

Millarkie · 19/08/2009 17:01

I agree it's gross misconduct and also a bad indicator of her work ethic.
If you want a comparable - my first au pair went home for a week's holiday and missed her flight back due to an unexpected blizzard on the motorway (this was all over the German news, ungritted roads were an unheard-of atrocity ). She rang us the moment she realised she couldn't get to the plane on time, rang a friend who searched the internet for another flight whilst au pair still stuck in traffic jam. And ended up taking a 4 hour train journey across Germany to catch a (expensive) flight back to us the next day. - That is how you behave if you get 'stuck' on holiday.
(Oh and obviously we were overjoyed with au pair, paid her back for all her travel expenses and she got a larger bonus when she left us).

HarrietTheSpy · 19/08/2009 14:00

I would be FUMING. We have an after school nanny too and DD was in a holiday club for a week this year, we still very much needed her at the end of the day.

However - after school only nannies aren't all that easy to replace actually, even in this market. And you only have two weeks I presume before school starts, three tops.

Decline the request per Athene's suggestion. I can't see how it isn't gross misconduct if she decides not to comply and I can't imagine you would have to pay her anything for the time, esp if your contract says no unpaid leave. Put an ad out immediately for her replacement if she says no, then when she comes back give her her notice.

I hope she's been with you less than a year but I think you'll be okay whatever.

StillSquiffy · 19/08/2009 13:41

TBH if you don't sack her now you will have to soon, because she is unreliable and won't hesitate to be unreliable again. And next time you might not have breathing space.

In your situation I would have no qualms in seeking an alternative and giving her notice when I have found a replacement - so long as your current nanny has served less than a year up to the end of her notice period then you can sack for any reason. If she is over a year then you need to start a disciplinary route (or switch to nursery/CM, which would = redundancy situation). Tell her that not returning to work on 17th is unacceptable and that you are considering if this qualifies as gross negligence. Call her to a meeting to discuss and hear her side, and tell her you will respond formally within 28 days. Then you have breathing space to decide what to do/consider alternatives.

Just not turning up in itself might not be 'gross negligence'. but not reporting it in advance, and not having a reasonable justification for not turning up/notifying probably is, as is not making reasonable alternative efforts to come to work. Any country that is driveable is going to be within easyjet/ryanair reach. I would print out some fare quotes now to show how cheaply she could get back to UK if she wanted, just in case it gets messy legally. does your contract with her state categorically what is/isn't gross negligence, or is it left open?

AtheneNoctua · 19/08/2009 10:28

Hi BK. Haven't seen you in ages.

I would reply to the text and decline her request for further holiday (politely). Then I would save the texts to document the case for when I sack her, which I would if she didn't show up for work the rest of the week.

I think in this market you can probably replace her fairly easily, especially if it is a live-in position.

LadyMuck · 19/08/2009 10:12

Firstly my sympathies - this type of childcare hiccup is never fun.

Personally I would echo Nannynick's advice, and consider how easily she can be replaced. I haven't been looking or a nanny recently, but ime it has always been harder to find good afterschool nannies. And I don't know where your nanny is from but again ime I have found that domestic employees from Eastern Europe tend to head back for a month at a time and get immersed in their family life and seem to forget about their duties here.

I would have thought that not turning up for work is clearly a sackable offence (gross misconduct). In your shoes I would be tempted to look around for an alternative nanny in the net 2 weeks and then decide what you want to do.

Blondeshavemorefun · 19/08/2009 09:58

it seems to me that your nanny is taking the piss

if she really had had car problems and couldnt come back then she should have rang you the day it happened and grovelled

what country is she in?

I would inform her that if she isnt at work by monday at 8am that she will be fired

her dh can stay with the car and she can get a plane/train home

lalalenny · 18/08/2009 22:04

It is not acceptable of her to have done this but if she is otherwise a good nanny I would not sack her. It is not fair for children to have lots of different carers. They do need consistency. Give her another chance but don't pay her for the extra time off.

It isn't always easy to find someone to do a good job in an after school only capacity. Also, if you sack her and have to find a replacement you are making more work and hassle for yourself than you have already been caused.

AxisofEvil · 18/08/2009 14:37

There is nowhere on this planet that it can possibly take two weeks to get back from - there is no way she needs to wait for these car parts. She is taking the piss.

lisad123wantsherquoteinDM · 18/08/2009 14:36

oh I see now. OK I would sack her then, not on at all, especially if she didnt call till you did.

bossykate · 18/08/2009 14:33

because she works the same hours every day regardless of school or school holidays. the only exceptions are (should be) her holidays and bank holidays.

OP posts:
lisad123wantsherquoteinDM · 18/08/2009 14:24

Im a little confused. If she an after school nany why does she need to be back now? they are surely off school for another 2 weeks?

slayerette · 18/08/2009 14:23

Do not understand why she cannot fly back and leave husband there to sort out the car?