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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Ainu to sack the cleaner? Can she sue me?

30 replies

Catch2222 · 23/11/2023 11:09

My mother had dementia. She lives at home but we have carers 4 times per day and my sibling s and I take it in turns to visit daily. We organise for a hairdresser to set her hair twice a week and so as not to confuse her this is done on same days every week.

She had a great routine and that is how we run things to keep mum safe and secure.

We employed cleaning company to send a cleaner twice per week. Once on a Monday and once on a Thursday. It was working out well and the same girl came for the whole time we used the company.

She was great, even making mum a coffee before she left and chatting to her as she worked. However, she decided to go out on her own. We stupidly cut ties with the company and paid the cleaner directly to come. It was all well for 11 weeks, then she started not showing up on the Monday and coming on another day (varied depending on what she could fit in) this was confusing mum so I spoke to her and asked her to keep the days the same. We were flexible on time but days needed to be same.

She was becoming very unreliable some weeks only coming one day and then we discovered she want staying for the full two hours we were paying her. Usually leaving after and hour and twenty minutes. (We have security cameras so we could see her coming and going.)

Mum was getting confused and anxious and as we had spoken to the cleaner three times I told her it wasn't working out for us and we didn't need her to come back.

She has since bombarded me with calls and messages about how she misses mum and she's annoyed we sacked her. Sometimes they are really rude messages. She recently sent a message saying she is taking legal advice and plans to sue us as we have left her financially unable to cope.

Can she do this? Should I have persevered?

OP posts:
VickyEadieofThigh · 23/11/2023 11:11

What was you contract with her? Did it specify the giving of notice?

ilovelamp82 · 23/11/2023 11:14

I can't imagine she could sue. How could she afford to do that if she can't cope without the wages you are giving her already. The fact of the matter is, you have requested her services and she hasn't provided them as agreed. If anyone 'broke contract' it was her. It sounds like you gave her warnings. I wouldn't think twice about it given she's left unkind messages.

billyt · 23/11/2023 11:14

She's a CF.

Unreliable so you got rid, well done.

I assume she is unable to sue as you haven't technically sacked her as she's self-employed. You've just stopped using her services. What next, shops suing because you stop shopping there??!

It's totally her problem if she's now suffering financially. She hasn't been sticking to the agreement, shirt-changing you on the time she is supposed to be there.

Ignore her.

Lastqueenofscotland2 · 23/11/2023 11:16

She’s self employed and you’ve stopped using her services… good luck to her suing you. Just tell her to get lost.

WitsHaveEnded · 23/11/2023 11:16

Block her. She wasn't working her paid hours, unreliable, and negatively effecting your mum. Don't pander to her emotional blackmail, her financial situation should have been her concern when she didn't turn up.

WitsHaveEnded · 23/11/2023 11:18

I'd also threaten legal action if she continues to harass you. Cheeky mare.

penjil · 23/11/2023 11:21

Tell her the rude messages have to stop, or you'll go to the police for harrassment.

She sounds totally unprofessional. I'd point out to her that sending these messages is yet another one of her unprofessional traits, and that re-inforces that you are right to not avail of her services anymore.

Whattodonexts · 23/11/2023 11:23

Just block and ignore.

RB68 · 23/11/2023 11:24

Well out of that. She wasnt an employee and no written contract so assume basic, 3 warnings and out - absolutely fine. If you are worried, document what happened save it and then block her.

Sceptre86 · 23/11/2023 11:24

You did well to get rid. You have proof she wasn't fulfilling her paid obligation. Block her and ignore.

EvilElsa · 23/11/2023 11:26

Agree with block and ignore. She's a chancer out for a payout. She was shit at her job and got the sack. Nothing unfair about it.

BarbaraofSeville · 23/11/2023 11:27

Legally she is probably self employed not employed by you, so unless you had a contract with her that specifies a minimum term for her to supply her services (unlikely) then she has nothing she can sue you for.

Aprilx · 23/11/2023 11:27

You have no obligations to her beyond any potential notice period that might have been in your contract with her. Assuming that is in order, I would write her a letter saying that you will b e making a police report for harassment if she contacts you again.

PippyLongTits · 23/11/2023 11:43

Do you have a written contract with her? What is she suing you for exactly? If it is for breach of contract, check the wording - were you hiring her forever or for as long as you required her services? Did you have a notice period? Is there anything in the contract about moving days around? We're you hiring her for a set amount of time on set days or any amount of time on whichever days she felt like it? It sounds like even if there was a contract, if she was leaving 40 minutes early then she broke the contract first!

She sounds deluded. I'd reply saying "We have reasons for wanting a cleaner on specific days for a specific amount of time which is something that you have been unable to consistently provide. We discussed this with you on three occasions and a suitable solution has not been reached. We are therefore seeking a provider who can meet our needs."

Santaiswashinghissleigh · 23/11/2023 12:18

Ask her which solicitors so when you sue her for taking wages but not working the actual hours there is no conflict of interest.. Bonkers she is.

Whataretheodds · 23/11/2023 12:19

Have you taken her key back?

ThePineapplePrincess · 23/11/2023 12:23

Considering her behaviour I would absolutely be lambasting her all over social media.

If she can’t cope without you then she certainly won’t be able to cope once everyone has seen the negative reviews I would be putting everywhere.

rainbowstardrops · 23/11/2023 12:25

Unless she had a written contract with you and you've gone against that then how exactly could she sue you?
You spoke to her re your concerns and she still didn't do as you'd asked, so what did she expect?! She thought you were an easy hit.

user1471556818 · 23/11/2023 12:28

Absolutely correct to stop employing her .Make sure she doesn't have access to the house and get another cleaner who is going to meet your mums needs .A good cleaner can be such an asset in keeping someone in their own house .Made such a difference to my FIL

AgaMM · 23/11/2023 12:30

Suspect her legal advice is probably the equivalent of a MN thread.

Can’t see what grounds she has to sue you. Even if she tried, you would argue that she was in breach by not showing up on agreed days and not doing her full hours, so termination of any contract was valid.

Kayte198999 · 23/11/2023 12:34

Santaiswashinghissleigh · 23/11/2023 12:18

Ask her which solicitors so when you sue her for taking wages but not working the actual hours there is no conflict of interest.. Bonkers she is.

This! If she really needed the work she would have turned up as agreed. I'd also be tempted to ask if she misses your mum how come she didn't come twice a week and stay for two hours. Are you sure she decided to become self employed and wasn't just sacked from the company?

FictionalCharacter · 23/11/2023 12:39

Sue you for what exactly?
You did the right thing. She’ll get nowhere with legal action- you hired her to do a job on specific days for a specific length of time, and she didn’t. You don’t have grounds to sue someone just because you now have less money in your pocket.

cmaalofshit · 23/11/2023 13:31

She won't get anywhere suing you.
She didn't stick to her agreed part of the contract (verbal or written?).
She didn't come on the agreed days and she did not stay for the length of time she was paid for.
Have you got a record of the times when she didn't come on the correct day or left early?

Keep screenshots of all the rude messages.
And I'd send this which someone upthread wrote:
"We have reasons for wanting a cleaner on specific days for a specific amount of time which is something that you have been unable to consistently provide. We discussed this with you on three occasions and a suitable solution has not been reached. We are therefore seeking a provider who can meet our needs."

Then block her.

plumtreebroke · 23/11/2023 13:42

Did she go out on her own, or was she sacked by the previous company? Don't think she has a leg to stand on suing you.

Go back to the company you used before they sound good.

Lostmyself3 · 23/11/2023 13:47

I can’t imagine she’d have a leg to stand on plus I’m pretty sure her previous employer would have an issue with her going self employed and basically “stealing” their customers when she left.