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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

CoraPirbright · 15/12/2017 09:42

They sound like total shysters!! What utterly vile behaviour! I have had nanny/au pair type arrangements in the past and wouldnt dream of treating them like this. Best of luck - I hope you sue their arses!

Is there a review type website for nannies to tell on their employers? (Shades of Jeeves and the Jnr Ganymede!!). If so, def warn your fellow nannies to avoid avoid avoid at all costs!!

Yukbuck · 17/12/2017 19:58

Any news on this op?

kaldefotter · 17/12/2017 20:53

If you’ve not been paid in line with your contract, you should submit an Employment Tribunal claim for unlawful deduction of wages. There’s now no charge for submitting a claim. ACAS will be able to give you advice.

LakieLady · 17/12/2017 21:45

Pity they don't use the other firm that specialises in payroll for nannies and domestic staff, as I have a very good friend who's quite senior there and could have primed him for these questions. He's always on the side of the staff, especially when the client is an obnoxious rich fucker or cabinet minister.

Anyway, he says that the days you were available but not required to work the full day still count as full days and you should be paid for them, and that they'll owe you approx 7 days holiday pay.

Original poster

HarrietKettleWasHere · 18/12/2017 10:58

LakieLady thanks so much for asking your friend about this! Much appreciated.

The update is- I got paid £945 on Friday evening- after reminding her that my pay was now overdue. This is around £600 less than I was expecting. She's miscalculated the holiday, ignored the phone bill request, and claims she didn't owe me as many days pay as I think she does, as apparently my previous month's payslip covered me up until the 1st....I'm not at all sure that's right so will need to get hold of my bank statements today and find out exactly how much I got paid during the time I worked for them.

Anyway- the last email she sent was pretty horrible! It says she can't provide a reference as although she's sure I'm 'great with kids' and my charge apparently really loved me, they were 'so disapointed in my ability to take charge of house admin' and apparently it's terrible work ethic to leave early, ever, even if you've been told you can go and they just didn't gel with me at all!!

Didn't expect a reference really but didn't think there was any need for her to be such a bitch about it. ACAS are now going to try and contact her (likely she'll dodge that and refuse to engage with them) but I imagine getting another penny will be a really long drawn out process.

OP posts:

Original poster

HarrietKettleWasHere · 18/12/2017 11:01

Also- what has muddied the waters over pay is when I first started working for them, she took ages to set me hi with payroll- she just wouldn't phone them up and sort it out. So for two months she just made a weekly bank transfer with no tax or NI deductions etc.

OP posts:

jellycat1 · 18/12/2017 11:02

Definitely no and no. Horrendous. She sounds like an utter nightmare. You on the other hand sound extremely reasonable.

MrsKoala · 18/12/2017 11:29

I'd definitely sue her OP. Get all the info laid out clearly and file a claim.

Aridane · 18/12/2017 11:32

Oh what a horrible employer. Hope you get out sorted and can chalk down to experience

Original poster

HarrietKettleWasHere · 18/12/2017 13:25

Yeah, I'm doing the early reconciliation thing with ACAS but I highly doubt she'll engage, so will probably go to employment tribunal. I so regret answering that job advert.

OP posts:

Kr1st1na · 18/12/2017 13:58

Make sure you claim for your phone bill and also the Saturdays that you worked but were not paid for .

Claim for every single penny she owes you. Because of there is any mediation they will look to both sides to make concessions. So don’t let anything go at this stage in an attempt to be “ reasonable “. It won’t work.

JessieMcJessie · 18/12/2017 14:12

Good luck OP. £600 is definitely worth fighting for. Shocking that they are just ignoring a clear contractual term like paying your phone bill.
What sort of work do these people do that they can be so rich and successful yet have no understanding if the basics of business and being an employer?

MrsKoala · 18/12/2017 14:19

Make a note of every time you did a bit extra too. So any time you stayed late for 10 mins. Popped into the shops/post office on your own time etc. Then you can counter every time she says you left 10 mins early. Make it very explicit this was a 2 way thing and she got just as much 'extra' as she claims you 'took'.

HarrietKettleWasHere · 18/12/2017 17:54

This reply has been deleted

Message withdrawn at poster's request.

Aridane · 18/12/2017 18:35

Harriet - maybe be careful about inadvertently identifying them and dragging extraneous matters into the unpaid wages (interns, tenants etc). Esp if there is a confidentiality clause in your contract.

Best of luck with ACAS

Original poster

HarrietKettleWasHere · 18/12/2017 18:45

You're right I've asked for that to be deleted. Thanks

OP posts:

RandomMess · 18/12/2017 18:47

I think you can take them to small claims court for money owed...

How about Judge Rinder

ChocolateWombat · 18/12/2017 19:03

I would email.
Say that you have been available for work all of the hours that your contract required, during the day and for date nights. As you have been available for work, you expect to be paid. State that you have only ever left early or not worked date nights if they have expressly told you to leave and because that is their choice, not yours and you were available for work as your contract stated, you expect full payment.

State that they may feel 'they did not gel with you' or other things, but these are an irrelevance at this point, when all you are interested in is receiving the full pay that you are entitled to, for the work you carried out and were available for as specified in your contract. Be clear that any disappointments they had/have now decided they had with you are irrelevant to the paying if the salary you are entitled to and the holiday pay. State that you have recorded every day you were at work and available for work, any time taken off, details of all pay received and will be sending this information along with your contract and copies of all communication to ACAS in 24 hours if you have not received the full payment you are entitled to. Be factual and accurate and simply state the facts and what you plan to do.

Before you send this, make sure you have looked at your bank statements etc and ar absolutely clear exactly how much money they owe you and for what. You need to be clear so you can lay it out clearly to them.

By the way, did you give the notice you were required to give?

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