Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think I am going to get totally shafted here

156 replies

HarrietKettleWasHere · 05/06/2017 12:21

I'm a nanny. As my one charge is of an age where she doesn't 'need' me as much, I've picked up various PA duties for my employer so it's remained a full time position. I stay over when she's away (single parent) I care for two slightly highly strung dogs, I keep the diary, organise shopping etc etc.

Now my charge is off to boarding school in September. Yes, I 'knew' it was coming (I took her to the interviews and exams for one thing and was there when she got her acceptance letter) BUT my employer made no mention of when my job would come to a natural end. I didn't want to 'show my hand' as it were and have waited for her to approach me with end dates/redundancy talk etc.

This morning, in an email (a 'no subject' one at that!) she has said she 'proposes' I work up until the 21st July. After that she'll pay holiday outstanding.

No mention of redundancy paid which I'm sure I must be owed since it's not me choosing to leave the job. Statutory at least? It's been over three years.

I'm shaking now, partly because I don't know what I'm going to do (find another job obviously but don't have lots of time, less than I thought I would)

Partly because after three years she hasn't sat me down face to face to talk this through (she's using the excuse she doesn't want her daughter to overhear Hmm )

Because I need the payment as a cusion if I do t find work straight away- I rent a flat with my partner and rent payment is high enough to warrent we are both in constant full time employment or we'd be screwed.

Also because I'm shit with things like this, I go quietly rather than make a fuss (self esteem issues) but I think I'm going to get massively screwed over if I do not speak up.

Please wise mumsnetters, advice on what to do would be really, really appreciated. I feel a sick abs have no idea what my next move should be.

OP posts:
kirinm · 05/06/2017 14:54

Some shockingly ignorant responses here. You don't need a written contract to have a contract and unless it was a fixed term contract, why on earth would just giving notice be acceptable?

You're getting some good advice from those who obviously do understand employment law but statutory redundancy pay is shit so be aware.

MovingOnUpMovingOnOut · 05/06/2017 14:54

Ignore those posters who clearly have no idea what they are talking about. It's one of the perils of posting in aibu. Employment issues is a good place to ask about employment - you tend to get more relevant info.

You've had some good advice, backed up by credible links so good luck to you Flowers

MovingOnUpMovingOnOut · 05/06/2017 14:55

I'm inside out with embarrassment for some of you Blush Wink

Original poster
HarrietKettleWasHere · 05/06/2017 15:01

Thanks you to everyone for all the links and good advice and confirming that I am entitled to the pay- I appreciate it :)

OP posts:
NotMyPenguin · 05/06/2017 15:02

I think that next time I would ask for a clear written agreement/contract to make sure that everything is totally clear and above board from the start...

NotMyPenguin · 05/06/2017 15:04

Basically yes, strictly speaking you are probably entitled to a (small) amount of redundancy pay, which morally you should get, but without a contract I am not sure you could prove it legally. For example you can prove that you were working full time, but not that it was a permanent rather than time-limited contract.

Hopefully though she will do the right thing. As she employs other people I find it hard to imagine she would be completely unaware of redundancy legislation. On the other hand and particularly with no written agreement about terms I can kind of see that it might not have occurred to her that it would apply here.

BeepBeepMOVE · 05/06/2017 15:10

An 11 year old really doesn't need a nanny unless SENso surely you knew your job was ending? Even if she'd gone to a local school. No one in secondary school has a nanny!

Perhaps she thinks the longer notice period covers the redundancy? She only has to give you three weeks. I would never have thought nannies got redundancy every time they move families, maybe your boss is the same.

PyongyangKipperbang · 05/06/2017 15:35

I want to add that ACAS are really shit hot at this sort of thing and will tell you exactly what you need to say/ask to ensure that she cant wriggle out of it.

We had a redundancy issue and they guided us through every step.

Good luck :)

Trifleorbust · 05/06/2017 15:43

The OP's job is being made redundant. She is not being fired. Legally she is entitled to redundancy pay, I think.

angryladyboobs · 05/06/2017 15:57

Hold on. You knew your job was coming to a natural end but you haven't looked elsewhere? Hmm

fuckwitery · 05/06/2017 15:57

Please please learn from this OP and get a written contract in future and communicate with your employer as soon as you have any questions or concerns (i.e. When they started looking at boarding schools). They don't sound like a great family to work for and there will be others out there to fuck you over next time too. As demonstrated by some of these posts, for some reason some people have a different (and wrong) attitude to nannies and other jobs in the home.

Original poster
HarrietKettleWasHere · 05/06/2017 15:59

No, angrylady. Have you read the thread for explanations of why that was at all?

OP posts:
StereophonicallyChallenged · 05/06/2017 16:00

Lol at all the posters who think they don't have to pay redundancy to the hired help Wink

All employment is subjected to the same rules regarding redundancy. So if you have over two years continuous service (bar some very specific and unusual situations) you will be entitled to statutory redundancy! Fixed term or not!

Original poster
HarrietKettleWasHere · 05/06/2017 16:02

I'm 'only' the nanny after all.

Not like I've been entrusted with anything important or anything...Hmm

OP posts:
unlucky83 · 05/06/2017 16:14

As I said I would talk to ACAS.
I would not be surprised if you are entitled to redundancy as most employment law is in the favour of employees not employers. And not necessarily 'common sense' - it seems to come from the angle that all employers are bad guys out to rip off their staff...which is one reason for the proliferation of zero hour contracts etc...

It would be different if the family relocated or one parent gave up work etc - that would be unexpected...
I used maternity cover as an eg - in the role I used to be in the norm is a 3yr fixed term contract... You are employed to work on a specific project with a finite end - which is what being a nanny is really...it is a job that you start that you know you will no longer be needed at some point.
It is different from a job that you could do up to retirement and unexpectedly because of changes in process or levels of business you are no longer needed.

But like I said - talk to ACAS.

AlternativeTentacle · 05/06/2017 16:15

unless you're on a fixed term contract with a clearly defined start and finish date

Even if the fixed term contract has a clearly defined ex start and finish date, if it is over two years then it is still a redundancy.

Crikey there are some odd posters about at the moment.

tickwhitetick · 05/06/2017 16:22

You've been very foolish to wait around for your employer to tell you what's up. You should have been looking for a new job ages ago and have spoken to current employer about end dates etc. I don't know what you're talking about 'not wanting to show your hand', what do you mean?

BoraThirch · 05/06/2017 16:27

unlucky - I think you might be confused about what "fixed term contract" means. A job that could last for any number of years depending on the employer's preferences and circumstances with no fixed end date does not count as "fixed term".

Original poster
HarrietKettleWasHere · 05/06/2017 16:30

Because I wanted to be with my charge until she started her new school. Why wouldn't I? That is in the second week of september with a long summer holiday in between. I did not expect that they would go away for all August and part of July so I wouldn't be needed. My boss works long hours. In the holidays I normally work well over fifty hours a week. I had planned for that and therefore had not started looking for a new nanny job as it was a while in advance. (Many advertising have stated they need someone sooner)

Yes I've been foolish. I thought I was doing the right thing by waiting for my boss to sit down and discuss with me properly.

OP posts:
spottysuperted · 05/06/2017 16:32

Of course you're entitled to redundancy.

I would also be a little Hmm at being told over email. Aside from all the other points it's v rude

AlternativeTentacle · 05/06/2017 16:35

But like I said - talk to ACAS

The OP doesn't have to talk to ACAS - it is completely bloody crystal clear that she is entitled to redundancy, as the job she does is being made redundant. There is ample information available explaining this.

Cuppaoftea · 05/06/2017 16:51

Apart from any financial concerns I'm feeling pretty unappreciated to just be told so casually that I'll just stop working on a certain date.

That's where I think YABU Op.

You've known for a while your charge was off to boarding school in September and your employer is proposing a date for your job ending now they've made plans for the summer. Fair enough, she's giving you more than the required notice..

There's nothing to indicate you aren't appreciated. She hadn't suggested she would offer you a different role and you already know you should have been job hunting instead of pinning unfounded hopes on her.

unlucky83 · 05/06/2017 16:52

I know what fixed term means - what I said earlier in the thread was that maybe people employing nannies should use fixed term contracts...
After 2 yrs someone on a fixed term contract MAY be eligible for redundancy - like I said my previous role is 3yr contracts as standard (in universities - UK wide - nothing dodgy) - you don't get paid redundancy at the end of your contract - the job is finished -you aren't being made redundant. Just like a nanny if the child is going to school etc...
And speak to ACAS because they can give you the best advice and you can quote that to your employer rather than say 'according to posters on MN' ....

Notalotterywinner · 05/06/2017 17:12

The reason that I added my comment up thread about not hearing about redundancy is that I have Nanny friends locally, they are part of a good local Network of Nanny, I have used a Nanny for temporary work (yes I did pay NI, Tax, holiday pay etc) and I genuinely haven't encountered a Nanny being paid redundancy when the role comes to its end, notice period yes, holiday entitlement and a generous leaving gift yes but not redundancy.

It could well be that in this neck of the woods most Nanny jobs end when the DC start school, my friend is caught out a bit this year as she needs a new Job in September due to her charge starting school and she needs time off in October and November so isn't finding her next job easily, she will probably find temp child care role and start afresh after Christmas.

kirinm · 05/06/2017 17:15

I think people seem to be assuming redundancy makes this some sort of 'dispute'. The OP is entitled to a redundancy payment but nobody is suggesting that the redundancy isn't genuine.

And unlucky - employment laws hugely favour employers especially since if you work anything less than 2 years you have very few options available to you.