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Paid childcare

Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

Advice on legalities re. gross misconduct

6 replies

DoorStop · 11/11/2011 09:26

I've posted on here before but have namechanged for this.

I have employed a nanny on a part-time basis for less than a year (but more than 6 months). My DD told me something this morning that I believe constitutes gross misconduct - i.e. our nanny did something that harmed my DD.

I have no reason not to believe my DD, although ultimately I can't prove what she is saying is true.

I am going to ask our nanny (not working today) to come over this morning so I can get her side of the story. I'm positive she will deny it, but I can't risk the safety of either of my DC so unless there is a very plausible explanation I will have to sack her.

I say "sack" but I don't know if I can or whether I still have to give notice. Can anyone advise? I'm going to have to act fairly quickly as I'll need to look at alternative arrangements.

I hope this doesn't sound clinical as I'm in absolute turmoil about what my DD said and I have nowhere else to turn at the moment.

OP posts:
cakeoholic · 11/11/2011 09:59

What does it say in her contract? I'm a nanny and mine says immediate dismissal for gross misconduct and I presume that is the norm though I'm not sure of all the legal implications.

If she has worked for you for under a year she doesn't have the right to redundancy or unfair dismissal. You can 'sack' her with immediate effect and the worst case scenario, as far as I can see, is that you have to pay her for the notice period if you can't prove unfair dismissal maybe?

Is there history to this? What age is your daughter?

DoorStop · 11/11/2011 13:36

Thank you for your reply Cakeoholic, I was in a bit of a state earlier.

Our nanny came over as soon as I called her and she was clearly shocked and upset by what my DD had said. She did give a plausible explanation, but I said I'd like to speak to her and my daughter together later on.

Since then, I've picked up DD from preschool and had another chat with her, and our nanny's explanation stacks up. DD is not quite 4, and though she's not a liar, she can exaggerate and see things from her own perspective ifysim.

Anyway, things are on their way to being resolved I hope, and I feel a heck of lot happier than I did this morning.

OP posts:
Fishpond · 17/11/2011 14:42

How old is your DD Door? How did things work out in the end?

Fishpond · 17/11/2011 14:42

Oh sorry saw she is not quite 4. While I understand you don't want to discount anything your DD says or make her feel you don't believe her, children at this age are very prone to exaggeration and tales - it is a developmental stage and nothing to do with how lovely your DD is generally.

Blondeshavemorefun · 18/11/2011 12:20

What did the nanny do?

Is it the fact she didn't tell you herself (if true)

And yes children lie or bend the truth so rem that when you talk to the nanny

MogandMe · 18/11/2011 20:58

Agree seems a bit harsh that you were ready to sack on GM when a quick question to DD a day later meant that you didn't!!

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