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AIBU?

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Original poster

To think if you have a nanny....

118 replies

HarrietKettleWasHere · 11/12/2017 14:48

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?

OP posts:
user1478939671 · 12/12/2017 07:16

Hope you are seeking better employers. When their nanny turnover gets horrendous they might cotton on.

Original poster
HarrietKettleWasHere · 12/12/2017 09:45

Thanks Maverick! haven't responded yet. Not sure how to- I drafted one but am thinking it's a bit too emotive- need to be factual. Will definately go after phone bill now as well.

OP posts:
shockthemonkey · 12/12/2017 10:55

I'm so sorry, Harriet. Only people who have zero self-love can treat others like that.

Original poster
HarrietKettleWasHere · 13/12/2017 13:05

No response from her about anything and final pay due Friday. So have submitted the ACAS form.

OP posts:
RestingGrinchFace · 13/12/2017 13:09

No but I would expect a degree of flexibility if I (very rarely) cons home late/need an extra night of coverage.

Yukbuck · 13/12/2017 13:40

Hi OP. Have just read this entire thread.
Firstly.. is there absolutely anything in your contract regarding banking hours (or similar words) or about your holidays ?
Secondly, please make sure you ask for phone contract reimbursement. You've been there 4 months and at 40 quid a month that's an extra £160 which is your money. I think it's about give or take. If my bosses are home early they always let me go and I'm so grateful. Equally they are occasionally late home due to traffic but I don't start totting up the minutes and requesting pay because life happens and they can't help it. I think because she's after like this, you need to out your foot down more and make sure you get every penny you are owed. Don't let her get away with it. It's not fair.
Good luck and do keep us updated.

MaverickSnoopy · 13/12/2017 14:01

Good luck OP!

Sammymommy · 13/12/2017 14:17

Unless you both signed an acknowledgement every time you finished earlier that you would take it as time off unpaid, there is fuckall she can do about that.

Cheeky fucker!!!!

For the babysitting I am not sure legally but if it was their choice not to use the hours, I would say it's their problem and they have to pay for it.

Original poster
HarrietKettleWasHere · 13/12/2017 14:28

Well her exact phrasing was 'we do not want to do ourselves out of hours we have already paid for!' So I presume she means that as she was paying me the salary, any time she didn't 'use' me for the whole time I now owe her for! But there were loads of times I came in early, or stayed 15 min late, and never totted up those expecting to be paid. The two Saturdays I worked were supposed to be remunerated, but then she'd just never mention it.

She'll withhold references now probably anyway as I've probably really pissed her off.

OP posts:
expatinscotland · 13/12/2017 15:01

'She'll withhold references now probably anyway as I've probably really pissed her off.'

And this is exactly why the advice was to leave them. Next time you get a sniff of pisstaking twats like this, give them their one week notice asap.

Fuck her reference, it was going to be shit anyhow.

ACAS for them. Fuckers.

Original poster
HarrietKettleWasHere · 13/12/2017 15:08

I know I know expat. I was a total idiot but kept thinking 'just 1 more week is x amount of money'. And I needed it...

She did sort of write me a reference- it basically said '.... was employed by us on x date to be our nanny/PA' I said it wasn't enough and have been chasing her for a proper one ever since. She said she'd ireger to talk over the phone to prospective employers but they'll be lucky with that one, she's far too busy and important to answer the phone.

OP posts:
Original poster
HarrietKettleWasHere · 13/12/2017 15:08

*prefer...bloody auto correct.

OP posts:
ForgivenessIsDivine · 13/12/2017 15:10

Reply: I have spoken to ACAS and there is no term in my contract which allows you to deduct my pay for time when I was available to work but you did not require me to work.

I have not, nor do I intend to, submit an overtime request for days where I arrived early or left late as this is in line with the monthly paid salary laid out in the contract.

On the other hand, you are required to pay me for the two days I did work, outside of my contracted hours, September xx and October yy. In addition, I am still owed 40 pounds per month for my phone which we agreed on date xx.

Please ensure that the amounts due, including holiday owed are passed to the payroll company in good time. I have carried out my duties in line with the contact and been available for work at all contracted times.

expatinscotland · 13/12/2017 15:11

'She said she'd ireger to talk over the phone to prospective employers but they'll be lucky with that one, she's far too busy and important to answer the phone.'

She'll slag you off, too. Best to not mention the gap where you worked for them at all and ACAS form for them to get your money back. Lesson learned, you even see a job like this and you know it's too much for one person. If you get another one and they show themselves up as dicks, get another job asap and ditch them. I can guarantee you're not the only one they've shafted. They're truly believe they're better than others.

milliemolliemou · 13/12/2017 15:18

She didn't pay a pension contribution? Did you? I would have thought that would be something you might bring up with ACAS along with the unpaid days and her desire not to pay you for early finishes/evening baby sitting she and her OH chose not to use.

Original poster
HarrietKettleWasHere · 13/12/2017 15:40

No, she never opted into the pension thing. You know that NEST thing that all employers have to offer now? They sent her loads of letters about it. To be honest even though (the card she wrote last week even says so!) an 'amazing nanny' I don't think she ever saw me as long term, as I was crap at the other bits, like property management Hmm

OP posts:
Original poster
HarrietKettleWasHere · 13/12/2017 15:41

That response is excellent, thanks so much for that Forgiveness.

OP posts:
Yukbuck · 13/12/2017 19:31

Just to add r.e the pension. She may be correct there. Employers get given a date at which they have to offer you a pension. My employer (of over 2 years) has been given early next year.

Backingvocals · 13/12/2017 19:41

Yes I employ a nanny and my start date for pension provision is next year some time. So don’t lead on that. The rest is pure crap behaviour though.

Original poster
HarrietKettleWasHere · 13/12/2017 21:04

Yes to be fair I don't think she had to offer the pension just yet.

OP posts:
Original poster
HarrietKettleWasHere · 15/12/2017 09:01

Am furious- no wages have gone in at all today. Which means she has stopped the standing order.

OP posts:
expatinscotland · 15/12/2017 09:21

I think you will need to sue her in small claims, tbh. STOP going into to work for them NOW. If you are there, leave.

Original poster
HarrietKettleWasHere · 15/12/2017 09:27

I left last Friday! No chance of going back. Damn, I need that money and Christmas coming up....Angry

OP posts:
Hissy · 15/12/2017 09:34

Sue them. Go to the local press too if they are well known

expatinscotland · 15/12/2017 09:41

You'll have to sue them.