Nanny Flight ticket once resigned

[Marville]

Hello,

I have today been informed of my nanny resigning. We don't have a formal contract but a formal agreement. She will have worked 24 out of her 52 weeks and have already taken out the whole holiday entitlement.

I have also bought a flight ticket (330pounds) for a trip she was supposed to join us on.

The holiday is one thing, I assume I can't claim back money that have been paid. Pro-rata she's only entitled to 6 days and she's taken 10?

Finally regarding the flight ticket that is non changeable non refundable, what is the best way to go forward with those money being lost? Shall we split the cost?

Please advise me as I am clueless.

Many thanks

I've no idea what you're supposed to do but I wouldn't pay her for the extra holiday days (by not paying her some of her notice days).

I would just suck up the flight and learn for the future not to book flights for nannies more than a month (notice period) in advance.

Do you not think you will have a new nanny by then who can use the flight (and just change the name on the ticket?)

I think that,unfortunately, you have probably lost the air fare - airlines will not usually change the name on a ticket (IME at least) and, as the trip is a work trip for the nanny, I don't think that you can expect her to share the cost of the ticket - unless, for some, reason, she actually wants to use it for a private trip. You could try ringing the airline, explain what happened and see if they will refund you or give you a voucher towards a future ticket but this would be purely a gesture iof goodwill.

if you had had a contract then many of them say that holidays will be paid back if taken in lieu (gone over)

ticket change the name for prob £50 - which tbh is a total con,not that hard to type a new name, but airlines have you by the short and curlies

I don't think you can expect her to contribute to the ticket, not a fair deduction of wages. Unless it was in her contract then it's unreasonable to ask for money from her.

Agree with those who say you will be at the loss of the ticket cost unless you manage to change the name on it or come to some other arrangement with the airline. I think you would be on sticky ground attempting to recover the cost from her. I am not sure what you mean when you did not have a formal contract but a formal "agreement" - is this written, what does it encompass? |If your nanny has taken too much holiday, then you can pay her less in her final salary to account for that. I am assuming that she was only working for you one day a week (or less) if her holiday entitlement for the year was only 6 days?

You only gave her 10 days holiday entitlement for a whole year? I thought the law said 25 days minimum?

Oh ok! Annh's post probably explains it.

OP mentioned pro-rata so I assume a (very) part-time position? Although that doesn't necessarily tally with going away with the family?

Deducting payment from final salary is a tricky area. Statutory payments can be deducted - things like Income Tax and National Insurance must be deducted. Other things that can be deducted are down to what has been previously agreed in writing.

Can my employer deduct money from wages - worth reading this, look at One Off Deductions section for mention about overpayment of Holiday.

As far as I can see, there is no statutory right to deduct pay for holiday taken in excess of what should have been taken based on date of contract termination. The contract can have a clause in it covering that specific situation, thus it could be recovered. However without a clause of that type, it would be an unlawful deduction from wages. That's how I see it... please seek advice (from ACAS perhaps, or seek professional legal advice) if you intend to deduct anything from their final pay.

Travel ticket has nothing to do with her if it's travel after the last day of working - presuming she has given you sufficient notice as per the contract.

We don't have a formal contract but a formal agreement.

Is there a difference? If there is some form of written communication between you regarding things like how much the pay will be, working hours, holiday entitlement - then that's a contract (also called a Written Statement).

Nick, that's why I'm wondering what this formal agreement actually is. At my workplace, we certainly claw back excess holiday when someone leaves but it is mentioned in our contracts so can't come as a surprise to anyone - well, actually it does still seem to be news to a lot of people, but anyway .... yes, if the nanny has not been made aware of this possibility then taking the days back could be a lot more problematic.

Yes, it seems to me from reading around things on the web that deductions are only really possible if the employee has been made aware that a deduction would be made, prior to them getting into that situation. Thus if it's in the contract it's ok. If it's not mentioned then it's possibly an unlawful deduction. Could be a legal minefield.

Grrr - I guess this is probably some breach of MN etiquette but I have checked and the OP posted about nanny travel in Dec and was told by several people at the time to sort out a contract and she also said that the nanny was working a 45 hour week! On that basis, it's not surprising that the nanny is resigning if this "agreement" allowed her 6 days holiday for the entire year.

If it is against MN etiquette, then I breach that constantly. I quite often search past messages - didn't on this occasion, I'm slacking

Marville - you didn't respond on your previous thread of 6 Dec. So we don't know what action you took following that but if this is the same nanny, then holiday entitlement seems wrong (as in that post the nanny was doing 45 hours a week).

Are you in the UK? I'm wondering if maybe you are in another country where employment matters will be different.