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Is this unfair nannies? Opinions please and also parents points of view

22 replies

cinnamondanish · 22/12/2010 22:29

A nanny friend of mine has just left for the xmas holidays. Her family gave her a £80 xmas bonus and a mug for a present. When she checked her wages for the month they have deducted a days pay for the bank holiday (27th Dec) as she is not working it.
When she spoke to the parents they said to use her xmas bonus to cover her days loss. This means that she only got a mug from them for xmas.
She has been with them for over a year. She works part time for them Mon, Tues and Wed but has it in her contract that she will be paid for any bank holidays.
Most of her nanny circle, including me think the parents are taking the piss (excuse my language) but I wanted to get some feedback from nannies if they've had this problem with bank holidays before and also from parents who employ nannies and what your agreement with them is.

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LynetteScavo · 22/12/2010 22:33

Nanny or not, they are taking the piss in breach of contract.

To give them the benfit of the doubt, they may have forgotten the 27th was a bank holiday.

But that leaves her with not Christmas bonus. If they have indeed made a mistake, they will give her the bonus in the New Year, and she won't be out of pocket for the rest of the month.

LaurieFairyonthetreeEatsCake · 22/12/2010 22:37

Obviously it's crap of them. However she's not entitled to a bonus so she should just use it to cover the pay.

mranchovy · 22/12/2010 22:41

If her contract says she should be paid for bank holidays then she should be paid for bank holidays. What is happening about the 28th which is also a Bank Holiday? Is she working Wednesday 29th (which is not)? Does she have a payslip showing Tax and National Insurance deducted? What does her contract say about holidays generally - she should be given at least 16.8 days paid holiday a year?

Sorry about all the questions, but I suspect there may be more here than meets the eye.

ChippingIn · 22/12/2010 22:46

It's crap that they have just given her a mug for Christmas and no bonus (effectively) but they have (now) paid her for the Bank Holiday, so there really isn't anything she can do about it - well, I guess technically she could because her 'official' pay (presuming it's done officially??) will show that she hasn't been paid.

Still, silly mistake to make. I hope she only does what she has to do in the New Year and doesn't do them any favours.

IF they'd paid her and moneys a bit tight there is nothing wrong with giving her a mug and no bonus for Christmas - but to do it like this is shitty and frankly, pissing your nanny off isn't that smart as it really doesn't make her inclined to stay late, come in early, pick up the few bits you need etc.

cinnamondanish · 22/12/2010 22:56

Thanks for the comments.
Yes unfortunately by telling her to use her bonus they have in effect paid her for the bank holiday but yes it does mean that she only got a mug from them. I asked would they reimburse her in the new year realising their mistake or have a moment when they realise how mean they've been but she said no they don't think like that and money and being paid each week, on time has always been an issue.
I've told her to contact Morton Michael to get some advise from them but she is out of there come January and is online at the moment looking for jobs.

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nannynick · 22/12/2010 22:59

Don't think there is anything to add. 27th and 28th are Bank Holidays this year, it's in her contract that she gets paid for bank holidays, so failure to pay them would be a breach of contract.

Like mranchovy, I wonder what else there is that isn't being done.

nannynick · 22/12/2010 23:02

So she has already decided to leave, thus given notice? Mistakes can happen but sounds like this isn't a one off.

lifeinagoldfishbowl · 22/12/2010 23:02

Not everyone gets a bonus at christmas.

Yes it would be nice but sometimes despite how much the parents appreciate us; they cant afford the bonus - I have no issue with this and would be happy enough with a mug.

cinnamondanish · 22/12/2010 23:03

no she will give notice in Jan when she goes back, she's told herself enough is enough. She will be spending her xmas break lining up agency interviews and looking for interviews.

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Blondeshavemorefun · 22/12/2010 23:12

Surely if says in her contract she gets paid bh then she's legally entitled to the money - can't believe they have docked her wages Shock

I would ask them to transfer the remaining amount to my account lol

Laquitar · 22/12/2010 23:34

How the bonus was paid, in cash? If so it shouldn't be used to cover the wages?

nbee84 · 22/12/2010 23:55

I can see why she feels unfair (and I agree) - to be given it woth one handand have it taken by another.

Over on nannyjob they have a poll going 9anonymous if wanted) to see who got a bonus and who didn't. So far, 26 did and 34 didn't. Don't know if that will make her feel better Xmas Smile

nbee84 · 22/12/2010 23:56

Must be bed-time - a few mistakes in that post Xmas Blush Nite all x

GoldFrakkincenseAndMyrrh · 23/12/2010 00:00

It sounds very odd. Giving her a cash bonus is not paying her. If she's paid it'll show up on her payslip for the month.

Tarlia · 23/12/2010 11:45

Firstly, only recieving a mug for christmas is not an issue in the slightest. Many nannies/employees do not recieve anything at all, not even a card.

However if they have given her a 'cash' bonus then they have not paid tax on this, which is infact illegal, but who wants a smaller bonus due to the taxman stealing deducting some?!

By making this 'bonus' now for a paid days holiday they def should be paying tax and NI on it and are in effect cheating the taxman blatantly.

I think the important thing in this is to be sure that an extra days pay should be added next month in accordance with contract, IF it's stated she gets bank holidays over and above the legally allocated days.

BoffinMum · 23/12/2010 11:54

They sound like miserable buggers to me. Of course not everyone gets a bonus at work (I certainly have never had a bonus in my life) but it's the silly fiddly quasi-illegal workaround that stinks.

Tummytuckrequired · 23/12/2010 14:04

I think yes they should have paid her via a direct debit rather than cash but it doesn't necessarily mean they are not paying tax if they go through a payroll agency for example.

With regards to a bonus - I am perplexed as to why it is a given that they receive a bonus?

My husband and I don't get bonuses at work for Christmas and money is really tight, especailly once you have bought all the presents etc..

I always buy my nanny a present and a bunch of flowers (we are talking a present worth £20 range). I would be flabbergasted if she was pissed off because she wasn't receiving a bonus on top.

So what if they gave her a mug, surely Christmas is all about good will and kind gestures.

If we are getting down to the financial value of gifts then that is just cold!

Karoleann · 23/12/2010 14:22

Have you seen the contract? When my nanny started she assumed that her holiday entitlement had bank holidays on top and not inclusive?
My nanny gets the standard 28 days pro rota and this INCLUDES bank holidays.

GoldFrakkincenseAndMyrrh · 23/12/2010 15:48

But either you get the day off and it's paid and taken as part of your holiday or you work it. The 28 days just means you can require your nanny to work BHs.

Having the day off officially unpaid (but then giving a cash bonus to cover it) is wrong and it seeks that's what this family are doing.

nbee84 · 23/12/2010 18:05

Tummy - I think she's disappointed because she was given a bonus and was delighted and thanked them and then found that she hadn't been paid for the bank holiday and was told to use the 'bonus' to cover this. It doesn't say that she was expecting a bonus.

cinnamondanish · 23/12/2010 19:11

Thanks for your comments.
I do agree that a bonus isn't to be expected as I know in most jobs you don't get anything.
'Tummytuckrequired' your present to your nanny is up to you and for each family it is different depending on their income, opinions in what they think is a worth while present and the amount you want to spend. My friend wasn't expecting a bonus as she hasn't had them in other jobs the point was that the family said here's your present and here's a little bonus for xmas. Then they went on to tell her to use her bonus to cover what they should have paid her anyway.
As both parents are paid for their bank holidays then they shouldn't be deducting my friends pay, as she is entitled to the same holiday allowance as them, the standard 28 days unless something has been agreed in the interview and down on paper in the contract.
She doesn't want to take it any further now as she has decided this is the 'straw that broke the camels back' and is just ready to leave and put it all behind her.

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RedGruffalo · 29/12/2010 20:22

If I were the nanny I would say something along the lines: 'I'm a bit confused is this actually a bonus or is it just because you accidentally deducted a bank holiday from my salary?' I don't think that's confrontational at all.

I think the employer is being incredibly mean, but worse than that fooling themselves that they are being generous.

If I was the employer I would want the opportunity to rectify my mistake (or at least to know I hadn't pulled a fast one)!

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