Ignore and block childminder?

[Avatari]

Several months ago we started looking for childcare and nursery options were not looking great. We managed to find a woman who would come to the house and babysit from 9-5. 2 months before starting she said she would agree to £11.50 an hour to baby sit 1 yr old. The week before she was due she told us her husband said she couldn't work for less than £13 so we agreed. As we were pretty stuck at that point, I was back at work in 5 days with no alternative.

She hasn't been great. At one point she told us on the Sunday she wouldn't be available that week. Then would get annoyed when we told her there were school holidays so we wouldn't need her. We have been looking for alternative care and managed to get a nursery place starting next week. We told her as soon as we knew, end of April that wed only need her 3 more weeks. So this week should have been her last week. Except we have covid. So told her we wouldn't need her.
We were intending to send her a gift to thank her for her help and send her this week's money.

EXCEPT she has just sent a message to DH saying that we need to pay for June and July as we had a contract. There was no contract. We never specified when we would need her until. She also said she was a single mother and has three children. She has repeatedly told us about her husband.

We are now inclined to not offer to pay this week just ignore and block now. But just wanted thoughts that this is reasonable and reassurance that she hasn't got a leg to stand on.

Ignore and block. May she never darken your door again. She can spend her unemployment figuring out if she has a husband or not.

She should of been given 4 weeks notice and paid for the week you didn’t need her as it’s not her fault.

we have to pay out childminder if we don’t need her incase or holidays or child illness.

Whilst I’m sympathetic I also think you didn’t quite go about this the right way either and there’s other things you could have done to promote a better relationship between you and the caregiver.

For me, a big thing that stood out was that you seem to just thing the person is ‘on call’ and you don’t need to pay them for scheduled services at fairly late notice. You need to set up expectations at the start of the working relationship!

When I’ve Nanny-Ed for young children I’ve always been paid for half terms even if I didn’t work. Additionally, any days that I would usually work but didn’t because the parents were sick/had time off, the parents still paid me. I do personally think anything less than that is the start of a poor relationship. You really do need to pay them for the week you had COVID.

@Avatari OMG OP, people really are not READING the full thread or just ignoring it. Like you said viscous cruel people on this site.

get off you high horse people, not once has the OP said she didn’t realise that she and her husband probably made a few errors in this process. It’s called being human!!!!

Ignore these ignorant cruel people OP. As you said it’s evident that the majority of these people just want to tear into you without reading what you’ve said.

Hope you DC settles into nursery well and glad you got this sorted. 💐

Worth checking with citizens advice but as I see it as a rule of thumb notice is the way someone is paid so weekly or monthly etc. If there is no written contract how can she show the expectation of the additional months. And if she hasn't worked for you for 2 years her rights are greatly reduced anyway. I would check out your position legally then see if you want to be the bigger person

Where you have gone wrong is the lack of contract. These things will always come back to bite you on the backside unfortunately.

Absolutely not! There are still people who are clinically vulnerable and can die due to covid. That's not gone away. The rule in my office is we don't go in if we are unwell with anything. A colleague tried to come in when her husband had covid recently. She was told in no uncertain terms to work from home. A few days later she tested positive too.

This thread has been ridiculous. So many accusations, assumptions and nasty comments. So many quick to jump to conclusions without reading my posts or even reading my opening post properly

I feel for you op but erm, Welcome to Mumsnet!

Take A hint of tax evasion, mention of paying cash, Add to AIBU and this is your result.

To be fair, you can usually sift through and find the useful comments and the kinder responses, they’re here somewhere.

The issue is now resolved
This won’t stop your thread rolling on for a few more pages with the same comments repeated over and over 😂

It's interesting this nannies can't be self employed thing. As I know someone who works for different families but works for some of these families a good number of times a week. I don't see that as a freelance or self employed scenario but somehow it has been allowed...
I see countless jobs looking for wraparound care. Yet parents do not want to pay tax or NI so I end up getting no nanny work and stuck working in nurseries which I really dislike.

So you've sacked her with a week's notice when she's not done anything wrong?

Reading's not your strong suit is it.

@Avatari I genuinely feel for you. You said over and over again "lesson learned" yet people keep jumping on and posting the most ridiculous and biting comments. It's amazing how many people expect you to be well versed in employment law but won't even read all your updates! Or keep accusing you of child neglect when you keep stating your husband is in house with them.

There has been a huge rise in it. I've been on MN for years under a few different usernames and it's only in the last 1-2 years it's gotten this bad. Maybe they're all trolls or maybe they just don't have the mental and emtional capacity to read a full post or, whether agreeing or disagreeing, give a reasoned respsonse.

Sounds like she’s pulling a fast one; probably on benefits & saw you as a cash in hand job message her & ask her about her NI & tax contributions so you can pay into her pension fund; I bet you get blocked within seconds 😂😂

What a ridiculous comnent. I've just had my 3rd bout, worst of the lot. Feverish, abdo pain, occasional nausea, no appetite, grotty, crushing headache, utter fatigue. I could barely get out of bed let alone go to work. There's a very nasty omicron variant going about.
Guessing you've never been really ill with covid, or maybe just had the asymptomatic type early on.
Some people are still being admitted to hospital with severe covid infections, usually some other 'conditions' as well, e. g. pregnancy, diabetes

Sounds like a Informal arrangement on both sides. 3 weeks is more than sufficient, she's not an official child minder. If she was that would be different.

I'd just pay covid week, although I can see why you wouldn't want to if she cancelled a week with no notice too.

But just pay that. Don't block her as you've not done anything wrong, you've both chosen to do it under the radar, rightly or wrong, and that has come with no guarantees. If she pesters you remind her of this, as, let's face it, there's a strong possibility she's claiming on the side. Perhaps she'd like you to do the final part through HMRC?

From a legal standpoint you can enter what’s called a “verbal” contract ie it doesn’t have to be written. However if you are paying her cash, I very much doubt she is declaring her income and therefore there is no way she is going to take you to court for June and July… sounds like a chancer. I definitely would not pay for June and July!!! Paying the week you got Covid is up to you, I probably wouldn’t pay that either tbh. Either way I’m glad you got your child into nursery sounds like a much healthier place.

Looking at information provided...

You're an employer and it looks like you have failed to notify HMRC which can incur a penalty of £100-£400 per month for every month you have failed to notify.

Additionally you'll have to pay any tax liability outstanding and any potential penalty.

I'd sort that first.

In good news though, if the nanny was paid weekly then I think your 3 weeks notice will have been sufficient.

Remember employment status is not a choice it's a matter of fact in the law.

I can’t believe you’ve been letting this random dodgy woman look after your baby!!

Firstly you cannot have a full time ‘babysitter’ - there is a maximum number of weekly hours allowed for this. After that it needs to be proper childminder, nanny, nursery etc For obvious child protection reasons.

You do not need a written contract (UK). In the absence of a written contract statutory legal minimum conditions apply. Up to 2years employment you have to give her one weeks notice (or payment in lieu).

Pay her what she is owed - including the week she couldn’t work because you had COVID. Be fair and responsible.

Agreed. There is also a page on HMRC website regarding swear fees and it is, as I recall regarded as the VAT on services ie witnessing etc as being paid in the cash fee - otherwise it would be a problem getting the swears done for the reasons @Dedodee states. Its not cash in hand!

If it was set days and hours you should be employing her and using a payroll company.
she doesn’t need to be ofsted registered to work as a nanny.
standard practice is to pay your nanny unless she is unavailable to work for you, if you don’t need her she should still be paid.
she is also entitled to holiday pay and a notice period that you should pay if you decide you don’t want her to work.
you are liable for her tax and ni contributions and could receive a hefty fine from HMRC if this hasn’t been done properly.
I would talk to her and come to an arrangement as she could well report you to HMRC.
did you pay her in cash or bank transfer?

Jesus Christ. People posting for the first time 10 pages in need to READ THE FULL THREAD! Or at least the OP's posts! Otherwise what really is the point of contributing a post?