I'm a nanny and I need your advice

[bettina46]

I've been working as a nanny in London for 3 years, 1 year and a half for the current family. I work 4 days a week, Monday to Thursday and have 16 days paid holiday + Bank Holidays. My employers have obviously more days off from their work and this year they went away for 6 weeks (24 of my working days). After that they asked me to work 8 Fridays for free to make up those days they were on holidays. I wanted to be kind to them and I did although I thought it's not fair because my contract says:"There may be occasions when the Employer is on a family holiday in the UK or abroad and your services are not required for the duration of the holiday. In these circumstances, the Employer reserves the right to lay off and you will be paid statutory guarantee ayments during the period of lay-off."
I think about taking a part-time job on Fridays and told my employers that I don't think I would work for free for them again. Meanwhile I spoke to other nannies and none of them had to make up any of their days off when their employers were on holiday. My employers said that in that case I had a job on Friday I would have to sign a new contract saying that any additional days off caused of my employers holiday won't be paid. I'm not going to sign the new contract. What would you do in my possition?
The whole situation makes me upset, I'm an Eastern European nanny with a master degree and a teaching background, I'm Ofsted registered, CRB checked and First Aid trained. I'm very fond of the child I'm looking after and I think he loves me very much. I do everything what his parents asked me to do and organize lots of things and activities even if not asked and the parents are very demanding. I haven't taken an additional day off since I started working for them. I'm never ill or sick. I think I deserve to be paid for all the days.

I have more holiday than my nanny as it means I can cover if she is sick etc

However, we take more holiday than she has and I would never dream of telling her to work those days back as it was my choice

if my employer decided to close the office i wouldn't expect them to ask me to use a days holiday or work the time back!

you sound very well qualified. did you get the job through an agency? The agency I found my nanny through were very fair o the contract and supported both sides

Statutory guarentee payments - what is that?

I wouldn't have signed the first contract with that phase in it. Yet alone the proposed second one.

If parents decide to go on holiday and all their nannies annual leave has been used, they pay as per a normal day.

Do you have an annual salary written in your contract?

I've googled. Statutory Guarenteed Payment does exisit. £22.20 a day maximum amount. Up to 5 days in a 3 month period.

Can they lay you off when they go on holiday? Hmm, don't know. Something else to look up.

Google - Pay and Rights Helpline
They may be worth speaking to. From some basic research your current contract seems to be legal. So you need to decide to stick with it as is and refuse to do any work on a Friday or sign a new contract.

I feel most nanny employers would not do a contract of this type, though maybe they didn't know they could. Lets hope it does not become a normal part of contracts.

It's legal, but it's all a bit unfair on the OP - basically even though you have 16 days holiday, you cannot choose any of them? and then they ask you to make time up?

Well, there's nothing to stop them choosing the solution that fits them best, but it will mean that they will struggle to keep good nannies.

Most people I know will carry on paying the nanny but will require them to come in and do nanny-related 'chores' instead of childcare. My own nanny spring cleans the bedrooms, puts toys through dishwasher/washing machine, goes through all the clothes, labels school clothes, stocks up in the school shop to replace missing socks etc, and bags stuff up for ebay. Are you able to suggest to your employers that they do this instead of laying you off?

You don't (as you put it) 'deserve' to be paid more than statutory minimum for days you don't work (you've already agreed to that), but you can refuse to do the Fridays and refuse to sign a new contract. Personally, I'd offer the compromise of doing nanny chores and if they refuse that I'd stick to my guns on the days off whilst also hunting for a new job.

Saying all of that, if that is the only problem you have in your relationship then you may want to consider if it is worth leaving over. If they are otherwise preofessional and treat you well, you may want to weigh it all up, because some employers are awful.

sorry if slightly blunt here but you AGREED to those terms and conditions when you signed the contract so you cant really moan now

but yes unfair :)

and as nick says no way would i sign either contracts with that in them

i have in mine

Our nanny will have 5 weeks paid holiday a year, as well as all bank holidays will be given and paid for at usual daily rate. We will choose 2 weeks and our nanny will choose 2 weeks or totalling 6days as this is a 3 day job. The 5th week will be taken as holiday ( paid ) between Christmas and New Year. If we decide to take off any extra time above our 2 weeks holiday, our nanny will be paid in full and will have the time off

there is no way i would agree to 'make time up' if my employers decide to go away - that is their choice

Hi Bettina46, I guess part of the question here is if you enjoy working with the family and if you would ideally like to keep working for them?

If that is the case, then I would suggest you speak with them again about it.

The good thing is that they've suggested a new contract- this gives you the opportunity to negotiate. You don't have to accept what they're proposing- why don't you put together or find a contract that YOU are happy with.

Go back to them and let them know that you're very happy with their family, and that you'd love to stay with them for another year/ two years (whatever you'd be happy with) which will be great news for them.

Then tell them that you've thought about the holiday clause in the contract more, and that you've come up with an alternative suggestion for them to consider.

Let them know that in order for you to be happy moving forward you feel you'd need their agreement to that term.

Stand your ground! You sound like a dedicated nanny who would be able to find another role with a good family if you needed to. Be firm, but remain positive and professional.

If they choose not to negotiate then it could be time to move on.

Good luck!

ps- In my experience it's normal for the family to choose half the holiday dates and the nanny to choose the other half.

that just sounds so unfair. Our nanny just gets the extra time off when we're away. Sometimes she just does work like sewing on name labels but would never dream of asking her to make up the time.

Don't sign the new contract, maybe speak to an agency first though and check that there are better jobs out there in case you have to leave over this.

Thank you for all your advice.
My employers are not horrible and it's not easy to make a decision of leaving them, especially the child who is really lovely. But when I signed the contract last year in June they told me I would be paid for all the days they are on holiday and I'm off. In August this year when all the holidays were over I was asked to work on Fridays. I my opinion they are breaking the rules they set up. I tried to negotiate but I was told they think it's a good and well-paid job with one small child only and they don't think they ask for too much.
The problem is they never offer me extra hours or babysitting and it's not a full-time job really. I'd like to make more money and I'm looking for a part-time for Fridays or some babysitting. My employers are not happy about it. They want me to be flexible as they often ask me to swap days and for example next week I'm working on Friday instead of Wednesday. Money is exactly the same every week.

I am sorry but I think that they are using you. Such flexibility to swap days may be required in a highly paid professional, part-time position but I really don't think that it is reasonable to request it of someone who is paid nanny wages. I do think that you need to put your foot down in the nicest possible way. Perhaps you could explain that you need to earn more money because you are saving up for something or simply because prices are going up all the time.
PS: I speak an an ex-employer of nannies.