Page 2 | To think if you have a nanny....

HarrietKettleWasHere · 2017-12-11T14:48:36+00:00

And say, she's contracted to work for 8 hours a day, on a salary and not an hourly rate, but you come home on occasion 15-30 minutes early, and say 'feel free to go!' Or, if she says 'is there anything else I can do for you?' And you say 'no, all fine, see you tomorrow!' Would you then tell her that you are going to be taking those 'early finishes' from her final payslip? What about if the contract says '1 nights babysitting shift per week of approx 3 hours, to be agreed in advance. However sometimes we may not use these'. Would you then expect to subtract the weeks not used, even if the nanny was available to babysit, against the holiday the nanny has outstanding?

gurteenKnowledge · 11/12/2017 15:07

Not unreasonable. Your ex-employer's a fucker.

Our nanny's on a salary. With this being the run-up to Christmas she's had the benefit of both early finishes and lots of overtime (at our agreed rate). For example, we'll pay for a Friday even though she worked a half-day and then pay overtime for babysitting on a Saturday night or full day + overtime if she starts late and finishes late.

Sorry, I have no advice but more of a reassurance that not everyone works like this. Salaried hours are a bare minimum for us. This would never be reduced. We'll be paying her full salary over Christmas despite us being out of the country and he working about 2 of her contracted hours.

We value her. We trust her with our children!

gurteenKnowledge · 11/12/2017 15:08

Not unreasonable. Your ex-employer's a fucker.

Our nanny's on a salary. With this being the run-up to Christmas she's had the benefit of both early finishes and lots of overtime (at our agreed rate). For example, we'll pay for a Friday even though she worked a half-day and then pay overtime for babysitting on a Saturday night or full day + overtime if she starts late and finishes late.

Sorry, I have no advice but more of a reassurance that not everyone works like this. Salaried hours are a bare minimum for us. This would never be reduced. We'll be paying her full salary over Christmas despite us being out of the country and he working about 2 of her contracted hours.

We value her. We trust her with our children!

gurteenKnowledge · 11/12/2017 15:08

Sorry! Don't know what happened!

RhiannonOHara · 11/12/2017 15:09

Well, YANBU, obviously. Sorry to be dim but what's Nanny paye? Is it/are they someone you could approach for help or advice here? Or is there another body that in any way represents nannies who you could approach?

Firesuit · 11/12/2017 15:12

A salary means that you are not paid per hour, so you don't automatically get paid more or less if you work over/under standard hours.

Tell her she doesn't understand the difference between a salary and a wage.

Original poster

HarrietKettleWasHere · 11/12/2017 15:12

Nanny paye is the payroll company they use, so they have to work out my final pay and what is owed in holiday with them and do a bank transfer. I have a record of all my extra hours but she's telling me I need to subtract early finishes and the babysitting shifts not used from it. Basically she knows I am going to be owed more than a month's basic salary and doesn't want to pay it. I spoke to Nanny paye and they told me there's nothing they can do until she files my final hours/pay with them and I can then dispute it if I don't think it's fair. But from what I've read online they seem to offer the advice to the employers rather than the employees.

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brasty · 11/12/2017 15:14

I would phone ACAS and ask for advice. You can take her to a small claims court as well. Tell her you will do that if she won't agree to pay you, and that the judgement will show up in any credit checks,

Original poster

HarrietKettleWasHere · 11/12/2017 15:14

In my contract she also stated they would pay my phone bill (£40 a month) because he job also involved lots of PA type duties whilst my charge was at school that I used my phone/data for. This was not reimbursed once. I was going to let that one go!

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watchingthedetectives · 11/12/2017 15:17

We have had nannies over the years and this is definitely not normal practice. I was always happy to let them go early if I could as it balances against any times that I would get stuck in a traffic jam and be late ( although I always offered to pay extra if this was the case ) Ditto a lot of contracts have a nights babysitting in them but that's use it or lose it ( unless specifically agreed in advance i.e. Can you do 2 this week and none for the rest of the month)
There is no goodwill with this sort of crap. Speaking from the other side this is most definitely not acceptable behaviour .

sashh · 11/12/2017 15:20

So I'm just wondering what my next move should be.

ACAS.

BrieAndChilli · 11/12/2017 15:21

I would list all your overtime and the phone bill (if it’s in the contract then she cNt say she never agreed to it) - that will probably come to a lot more than the few times you’ve left 10 minutes early.
What does your contract say about the babysitting - does it say you must be available each week? If so then refuse to deduct those hours as you were always available whether they used you or not.

Original poster

HarrietKettleWasHere · 11/12/2017 15:23

I haven't answered last email (I don't know how to respond- clearly I don't want to shoot itself in the foot by admitting I realise there were some earkybfonishes or weeks when I didn't babysit should this have to go further) should I just contact ACAS without saying anything further to her?

She never signed up for the pension thingy either. I just knew I was going to have trouble.

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Original poster

HarrietKettleWasHere · 11/12/2017 15:27

Agh sorry for typos!! Walking too quickly. My contract re babysitting says 'hours will be 11-7pm with one night's baby's siting shift per week of approx three hours, typically on s Thursday. Some weeks we may not require babysitting, some weeks we may require two. Historically it has evened out or worked in the nanny's favour as we don't always have time for a date night'.

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Debby08 · 11/12/2017 15:28

Definitely a big No!

underneaththeash · 11/12/2017 15:28

OP - your employer cannot legally make deductions from your salary unless it is stated in writing in your contract or unless you have agreed to it in writing.
They are also unable to pay you for less than the statutory minimum holidays.

I would write an email stating the above to your ex-employer stating the above.

RaquelWelch · 11/12/2017 15:30

Hell no!! She is contracted to work and you need to supply that work for her. If you let her go home early, that's lovely for her, but you don't then deduct it from her wages!! If she knew you were considering this she might just hang around in order to fulfil her 8 hours!!

ElenaBothari · 11/12/2017 15:32

Work out how much money you're talking about in total, then have a think about whether it's worth a dispute. When getting nanny jobs the reference is very important - more so than for most jobs probably - and while your ex employer is definitely in the wrong it may be more useful to you long term to leave on good terms and able to use her for a reference.

grannytomine · 11/12/2017 15:37

I think that is an unlawful deduction of salary. I think you need to see what she pays you and then speak to ACAS. Good luck.

RhiannonOHara · 11/12/2017 15:38

ACAS before you speak to her or reply to the email. I'd bear small claims court in mind too. And don't let the phone thing go!

Moanyoldcow · 11/12/2017 15:39

Get on Excel and make a schedule of all of the money you are owed.

Contact her and say that you are owed x amount as per schedule attached but you are willing to settle and she can make an offer. Tell her if she doesn't make a sensible offer you'll be in touch with ACAS and take her to the small claims court and she'll be liable for your costs as well.

She's a cunt.

shockthemonkey · 11/12/2017 15:42

"Historically it has evened out or worked in the nanny's favour as we don't always have time for a date night".

This implies that any date nights not used are your employers' loss, not yours! IE, they pay the date nights whether or not they use them!

What an unpleasant person/couple.

Original poster

HarrietKettleWasHere · 11/12/2017 15:42

I worked out that the holiday I'm owed in the period I worked is 8.5 days but I've only taken 2.5 so I will need the holidays not taken to be retuned to me in my pay- I worked two Saturdays and extra hours here and there for no remuneration either (I wanted to pass my probation, but didn't, as they were awful to work for) she verbally said I would be paid for this- I wasn't.

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Mummyoflittledragon · 11/12/2017 15:47

The phrase “worked in the nanny’s favour” is imo illustrating the employer will pay for these shifts whether used or not. You made yourself available every Thursday evening and would have been available another evening as long as you were given notice. You were also always available to baby sit your contracted hours of 11-7 and she chose to send you home early. At no time did she indicate she would not pay your full contracted salary. And yes, get the phone money. Horrible woman.

expatinscotland · 11/12/2017 15:52

Oh, I remember you! Knew those employers were total cunts. They're in the wrong. I'd talk to ACAS. Hope they get the shits for Christmas.

Ellisandra · 11/12/2017 15:55

Hindsight I know, but bloody hell I wouldn't work for someone who actually put the phrase "date night" in a contract. WTF?!!!

I wanted to make the same point as shock - by saying it usually works in the nanny's favour, she has confirmed what was your understanding: that you get paid, used or not.

Don't offer to settle, don't forget the phone, hold out for everything you are owed. She's stealing from you.

I think by mutual agreement in a good working relationship, a nanny should charge over time for occasional 30 mins extra if they frequently get let off 30 mins early. But that's in an established relationship where everyone is happy.

Never do an unpaid shift in probation to impress.
A good employer would be impressed by flexibility and availability but not by the free hours. A bad employer will just take the piss.

Good luck!