sack nanny after neighbours spoke to us about observed behaviour

[oldshprite]

we’ve employed a nanny to cover for our regular one over the past 2 weeks and we were planning to continue part time in the future, to supplement our reg nannys hours. found her via a babysitting website, so no personal recommendation. she seemed ok, not super warm at first but ok. we had a visit from the downstairs neighbours today, they came to say they are concerned about the new nannys behaviour as theyve noticed her visibly annoyed when our child was crying and left her to cry at some distance from her ‘for a long time’, displayed lack of patience, etc.
i felt as if i have no other option but to sack her, immediately. aibu? feel a bit bad in not giving her a chance to explain/investigate but equally feel uncomfortable leaving my child with her

DH might want to revise his understanding of the law!

I would believe the neighbours.

I would question the nanny? How did the neighbour see the nanny wasn't near to your child when they was crying?

He’s wrong, it’s a complex area but covertly recording an employee, even in your own home, requires justification. It’s even more grey if audio is also recorded. Installing cameras if there was a suspicion of, say, theft, would be justifiable if your intention was to prove wrongdoing. But hidden cameras just recording anyone anywhere inside your home can be illegal. It’s also clearly illegal to film someone in a bedroom or bathroom, where they have an expectation of privacy.

ETA: even if you are filming overtly and lawfully, you need to store data appropriately so it can’t be leaked, otherwise you’re also liable for civil penalties.

Personally, it would be enough for me to get rid of her.

What made you think a cold person would be good with children?

Well there is valid justification in this situation, the op has concerns that her child is being subjected to wilful neglect. Unless the nanny lives in the home, so has a private bedroom, the bathroom would be the only place one should expect the privacy rules to apply. The blanket statement "it's illegal to have hidden cameras in your home, even if a place of employment for some, is illegal" is incorrect.

You have to get rid of her. Once you confront her, you cannot take the risk of leaving her alone with the child again. She might be vindictive and take it out on the child.

Just say you realised you don't need her to come back anymore. It is such a short time you do not owe her an explanation.

…they’ve noticed her visibly annoyed when our child was crying and left her to cry at some distance from her ‘for a long time’, displayed lack of patience, etc.

@oldshprite, your neighbors have stepped up to protect and safeguard your little daughter. I would be forever grateful to them, and would fire this individual who has been neglecting and mistreating your child.

Definitely let her go.

We had a nanny for a while who did a couple of after school pick ups a week. We had some reservations about but not major ones. In the end we did sack her for a cumulative of fairly small things. But after we let her go a school mum said how glad she was because she was always late to pick up and was unkind to my child. I was horrified that neither the school nor this mum told me - even though DH and I were often at school. Nor did my child who is old enough I would imagine they would tell me and I regularly asked how he was getting on with her.

They wouldn't be allowed in an employment based disciplinary. They would be allowed if God forbid there was a criminal charge.

I cannot imagine the termination of a nanny, done politely, who has been there for barely 2 weeks would end up in an employment tribunal. She does not have any employments rights to unfair dismissal.

No its not.
People catch people stealing from elderly relatives on camera all the time, or have windows covered to catch people.breaking in.

There could be justification in this case yes. Though one might wonder whether someone who had genuine concerns about the safety and happiness of their child would continue to employ the nanny and film them, rather than let them go.

Yes, the blanket statement is incorrect, as was the pp’s blanket statement that ‘You can have cameras in your own home and you don’t have the announce them to a nanny. ’

I never trust grassing neighbours. They were probably annoyed that your child was crying and the nanny didnt hop to immediately. I would never trust a grass,

Sure, but if you believe the neighbours and it turns out they were lying, at worst you’ve had some inconvenience while you looked for a new nanny.

If you don’t believe them and they turn out to have been telling the truth, however…. you’ve exposed your child to abuse, or possibly worse.

It doesn’t bear thinking about. The risk profile stacks very heavily one way.

I don’t think that’s correct. Domestic properties aren’t normal workplaces; you don’t have to meet the same health and safety requirements, for example. You can’t record in intimate settings, like a bathroom, but I think you can covertly record otherwise at home.

Yes. Sack her

She's self employed unless she has a contract with the parents.

Assuming downstairs neighbour wouldn’t just make this up, and if they were so concerned to come and tell me, then I’d take immediate action. I guess you could ask her, but unlikely she will admit it. I wouldn’t want her caring for my child again.

Personally I wouldn’t even be taking the risk of setting cameras and allowing her access again.

Has this woman been vetted and does she have references?
You need to do due diligence before letting someone into your home life and family.
id be setting up a hidden camera to see what’s going on.

Nanny's rarely meet the criteria to be self employed. If she's working as a nanny for the best part of a full time job, doesn't get to choose her hours who who turns up to fulfill them, and you pay her, she is almost certainly your employee.

But regardless most of the laws about hidden recordings would apply to a contractor working in your home too.