Any lawyers around? Employment law query!!

[RebeccaBunchLawyer]

Hi guys,

I know someone will be able to help us.

My lovely friend has signed up with a nanny agency to work over the summer month’s as a temp nanny. Unfortunately since meeting the first possible family, she’s decided that it’s not really for her and that she’d like to do something similar, but not this type of job now (possibly as a nursery nurse/childminder instead). Nothing personal- great family, lovely children etc etc.

Unfortunately, the agency think that she is now committed as she stayed for a weekend as a trial/shadow to see how they all got on et, although she let them know shortly after that she was no longer interested. They’ve told the family and kids that they now have a nanny, before my friend gave any feedback, confirmed everything etc.

This is awful- the family are obviously now going to feel mucked about, and my friend is really worried that the agency will get nasty, kind of showing their true colours in a way, all about the money etc.

Obviously she regrets not possibly fully thinking this whole thing through before starting the process, but does anyone know what the agency could do to take it further? Does anyone know where she stands legally? She said that a contract for the agency hadn’t been signed (?), and that she had obviously agreed to meet the family, do the trial shift etc, but had not 100% agreed on the engagement, before, during or after the process.

Also, she did some online training courses with them beforehand- can the agency claim expenses for these, even if this hadn’t been mentioned? Basically, what expenses could the agency sue/claim for?

• months, not month’s!

Breach of contract in employment like this is usually financial loss. So any financial losses the agency have incurred.

In employment there is no need for a written contract, a verbal contract is binding.

What does the contract say? Does she have any evidence that this was a trial?

It would really all depend on her contract. As she doesn't have one I don't see how the agency could enforce anything on her. The family may feel messed around but more likely to be annoyed at the agency than her!

Hi, thanks for replying. She never agreed verbally- or any other way- that she’d definitely do the job. She has emails saying it is a trial, a chance for hem all to meet and check each other out etc, nothing confirming anything was going ahead.

She heard nothing from them, then contacted them to say she’d had a change of heart, and that she wasn’t happy to do it. She says she’s not signed anything like a contract.