Urgent! How much would you pay your nanny to look after your kids for a whole weekend (incl nights)???

I suspect there is no overnight rate mentioned and probably no Sunday rate either. In that case either go by the contract or the verbal agreement.

But if there's both a written rate and the one verbally agreed which takes precedence?

If the nanny was normally employed to work Friday daytime... then stayed on at work until Sunday afternoon/evening - where does Overtime start and finish, when does it become Overnight?

The answer is to be found in the written or verbal contract between the parties, which we dont actually know in this case yet, until the OP checks the contract.

Nannynick I would be very suprised if this Nanny decides to take her employer to the Small Claims Court over the sum of £80. It simply will not be necessary. Either this situation is covered by the written contract or it is not. If it is, then the OP will likely pay it, if not, and it was not verbally agreed, (which appears to be the case) then the Nanny would be foolish to pursue this any further,and no judge would entertain such a claim if there is not verbal or written contract to support it.

The nanny is an Employee... not a Childminder. Please avoid using the term Childminder as that may confuse things.

So you are saying that Overtime and Overnight are different? At what point do they become different?

If the nanny was normally employed to work Friday daytime... then stayed on at work until Sunday afternoon/evening - where does Overtime start and finish, when does it become Overnight?

Nikita you could be very useful here as you may well have a vast knowledge of how the legal system would deal with a case of this type.

If it went to county count under the small claims procedure... would the court take the verbal agreement (I'm assuming the £550 was agreed verbally) or would they look at any written contract that may exist? Would the verbal agreement override that written contract?

How much time, effort, upset etc is likely in the event of it going to county court? If the OP paid the £550 and the nanny took her to county court... would it be worth while defending the case?

You are the professional here, please do tell us your views based on your experience of such cases.

Overight rate and overtime rates in contracts for Childminders are not one and the same thing. Overtime is generally agreed at time and a half, but overnight rate is generally agreed as a flat rate fee such as the £30 some of the posters on here referred to.

Nannynick this is what you said above:
How much is all the time, effort, worry you are spending on this topic worth?
On this occasion it may be best just to pay what she's asking but to then make sure that in future you do agree things in writing first and that you check the contract so if any clauses need to be added or amended that you do so at the next contract review (which would logically be in around 3 months time).

I disagree that "on this occasion it may be best to pay what she's asking"

If I were Avocadoes solicitor I would advise her against paying this unless there was a clause in the contract that covered this overnight situation. If I were advising the nanny, again, unless this overnight rate was agreed in writing I would advise her that she had no grounds on which to ask for it.

Obviously if the contract has a clause which covers an overnight rate then this will apply, but I suspect that is not the case, otherwise the OP would hardly be on here looking for advice on this issue.

Nikita what exactly are you disagreeing with?

We don't yet know what the contract says... it may have a clause in it which gives an amount for overtime hours. What happens then? As a solicitor you would I expect be suggesting to your client that they claim the amount as per the overtime hours on the contract - wouldn't you?

Don't let it go and pay her. As she is taking the piss

she should have mentioned it before you went not on your return

and yes can understand why she asked for time off fir hen do

nothing wrong with asking as long as doesn't get arsey with you saying no

Sorry Nannynick but I totally disagree.

I am a solicitor, and unless this particular issue has been set out in the contract on those terms then the nanny is not entitled to ask for this and it looks to me that she is being opportunistic.

I would be refusing this, and would start looking for another nanny. As a mother of 5 who has had a couple of nannies over the last 10 years I do not say that lightly, I know how much you rely on a nanny but there is an attitude behind this request which I do not like at all.

The holiday clause sounds perfectly acceptable to me. FloweryBeanBag said on this recent thread that employers can choose ALL the holiday their employee takes.
Special Circumstances - did she mean someone had died? That would be compassionate leave. I've had that once in a nanny job. You can't really know in advance when someone will die.

How much is all the time, effort, worry you are spending on this topic worth?
On this occasion it may be best just to pay what she's asking but to then make sure that in future you do agree things in writing first and that you check the contract so if any clauses need to be added or amended that you do so at the next contract review (which would logically be in around 3 months time).

I used to regularly work Sundays and never got time and a half for this. She's taking the piss.

you sound very fair and 7weeks hols is nice tho i personally wouldnt agree to never chosing any holidays,this is what your nanny AGREED to at the interview - so cheeky of her to ask

tho my motto is,if you dont ask you dont get

so understand why she asked, but she should have only asked once and not had a strop when you said no and moaned about lack of flexibilty 9as she agreed to this)

so simply say to her on tuesday that as she hadnt mentioned time and a half BEFORE the weekend away, that you cant/wont/dont want to pay the extra £80

If its fri night to sun eve i would be pleased to recieve £300 and ive been a nanny for 15 years.

if your nanny didnt say up front that she wants/charges time and a half at weekends then she doesnt get the extra £80 - all she said is that she wants £10ph every hour (which you agreed to)

yes you should have discussed EXACT details before you went regardless of M&S meals/laptop/dvd etc (tho very nice of you)

£10ph every hour seems a lot but if you dont have anything in contract about overtime/nights (and tbh many nannys i know dont) then tbh (and blunt) you dont have a leg to stand on

though you seem happy enough to have paid the 55hrs @ £10 the extra £80 i feel is taking the piss

i charge £200per 24hrs which is my normal daily rate of £10ph and then babysitting rate of £10 from 7-midnight and then £30 sleepover fee

yes some may say its a lot but its the nannys time and a weekend and you and dh had a weekend away childfree

were you happy enough to pay the £240per 24hrs and just annoyed about the extra £80 she wants?

has she been your nanny long? has she taken the piss over anything else?

if she had mentioned time and half BEFORE you went, what would you have said?

jesus!! i might become a nanny!!!! this is daylight robbery and you say you are not superrich but jesus you must be to be able to pay that for two nights away!! what a joke!!!!!!!!

Check it in the morning and post on here the exact wording that has been used.

I think most of us (if not all) are in agreement that the amount she wants is more than to be expected.

You have stalled things until Tuesday, so between now and then we need to help you come up with a price that you ARE prepared to pay. So that means looking at the legals to get a feel for what would happen if she used the special procedure for handling smaller claims in the county court.

So does your contract say anything about overnight/overtime?

Our kids both sleep 12 hour nights so there was no interuption to her sleep. I bought her M&S ready meals for every dinner and bought her fav cereal for breakfast. I gave her £40 kitty and our annual family passes to Kew Gardens and the London Wetlands Centre so they could have free days out (which they did).

Unfortunately none of that matters... as far as I see your fundamental problem is that you did not agree a price beforehand, therefore whatever is in your nannies contract I feel would be what you would need to pay.
I'm not a lawyer but that's my view on it, without having an alternative agreement (be that written or verbal) things fall back to whatever agreement there is in place - thus the employment contract.