Nanny Pay

[Nanny2877]

Hi all, I have NCd for this. Please excuse any typos, I am upset and stressed.

So I started a part time nanny job in January but we have no contract. Although we have emails confirming arrangements etc.

The parents I work for are self-employed and coronavirus means they'll be working a lot less and will not need me whilst the country is self-isolating.

They've said they can't afford to pay me whilst things are bad but hopefully we can return to normal arrangement when this all blows over. I'm gutted and really worried. I NEED this money. I dont know what to do.

Does anyone know if the parents will be able to claim for my wages. Will my nanny insurance cover my lost wages. Is anyone else in a similar position?

Anyone?

are you in the UK?

With no contract of employment I'm not sure you have a leg to stand on - time to find a new job

I would be clear you are free to look for another job if not being paid so cannot guarantee being available after.

But they need to give you whatever notice is in your contract or you will go to small claims.

Advertise yourself, lots of people will be looking for a nanny to be able to continue working

If you have no contract then they don’t have to pay you or give you notice. You could ask that they pay you a retainer if they want you back when they’re ready but they are perfectly within their rights to refuse. You can of course look for a new position in the meantime

You were very naive not to get a contract and unless you are willing to involve ACAS or your union you won't win this. Don't ever work without a contract again. Sorry.

You won't have any difficulty getting another nannying position, so that's what I would do. Don't panic. Just tell your current employers that you will be seeking another job because you cannot survive on no money.

I'd get a short term position from one of the many parents who will urgently need childcare to keep working.

Never work without a contract.

Loads of demand for nannies due to school closures. You will have your pick of jobs.

Why don't you have a contract? Surely nanny insurance won't kick in without one?

Look at getting another job, there must be nurseries etc which will need temp staff. The supermarkets are setting up additional home deliveries so are looking for staff. Good luck and hope next job you take make sure you have a contract.

you could probably get a live in Nanny job very easily at the moment.

In the meantime get yourself on childcare sites. There will be people needing you x

YABU working without a contract - you’ve left yourself with no rights at all. I’d chalk it up to experience and look for another job (and get a contract this time!!)

You’ll get a job easily now (but make sure the next one has a contract).

OP, you need to ask this somewhere where you will get proper legal advice. AIBU isn’t the best place for legal advice.

As others have said, the chances of enforcing an unwritten contract are slim to nil. My guess is that neither ACAS nor a Trade Union would be much help in the circumstances you describe.

Almost certainly, you would be considered an employee for the work you were doing (assuming you worked for one family only, paid by the hour/day or week, couldn't substitute yourself for another worker and so on) and therefore they would be responsible for paying your tax and NI (possibly pension too).

I would put this down to experience and start looking for new work. In the meantime, Google a pro-forma contract you can use with any new employers - which makes clear things like hours, pay, tax and NI, holidays, and notice (commonly a month either side, but employers have a legal duty to give more after four years). Don't leave drafting a contract to your new employers unless you think they are a) HR experts and b) have your best interests at heart.

Good luck.

I would be clear you are free to look for another job if not being paid so cannot guarantee being available after

⬆️⬆️⬆️Just this. If they think it will be easier to get a replacement, more fool them.

Would imagine you would be in massive demand right now so I wouldn‘t worry just yet!

No contact though? - do you just file as self employed?

How do they pay you?

You do actually have a contract by turning up for work and being paid if you're in the UK.
www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/contracts-of-employment/

However you'll only be due one weeks pay in lieu of notice i think - but worth speaking to Citizens advice.

As others have said you'll be very in demand right now and probably get a lot more money.

It is a good lesson in contracts - it's hard when everyone is nice and sweet to bring up money and notice periods but this will be a life long reminder.

However, it is possible that parents who are in vital services who's school is shutting or nursery is closing may have increased need for your services, get out looking now.

You are now free to home school any number of families. Your current employers didn’t draw up a contract and presumably didn’t ask you to sign one.
Effectively, you can leave and help out another family as soon as possible. Many, many families will be needing your skills.
Good luck.

Came on to say what @tomatoesandstewsaid.

You do have a Contract of Employment in place of sorts. Having hours, salary and a place of work in writing plus a banking statement showing a salary going in confirms you had an agreement.

However because you have been there for less than 2 years you don’t have many rights as you know.

The reality is that if they’re the sort of people that want you to be responsible for their children but didn’t even supply a contract which protects them as well as you, I really don’t think you’ll get any financial settlement from them as a gesture of goodwill even if you asked which was my initial thought.

You could ask MNHQ to pop this over to the Nannies section of Childcare - @NannyNick and some other regulars really know their stuff.