nanny advise needed

No advice for you but sounds grim - can you not ask for a contract? As for not being paid, could you explain your predicament to your new employer?

Or start looking for another job, pdq?

Good luck.

They have to give you a written contract within six weeks of starting, that's the law (check the DTI website, has all the details of employment law). What a crock of you know what - appalling they didn't discuss this before you started.

Oh, so you took the job SSD. That great. But... I agree this doesn't sound good. Deffo ask for a contract ASAP. She must provide one. I actually thought she had four weeks to do it, but maybe it is 6. Make sure it includes: your pay, your hours, detailed description of your duties, etc.

I do, however, think it is normal to be paid in arrears. I am paid one month in arrears at my job. My nanny is also paid one month in arrears.

But, I would be very weary of verbal agreements that change at the discretion of the employer. However, I wouldn't panic just yet.

Also, I think there is a sample contract on nannyjob. You might want to fish around and see if you can find it as something to go by. Are you the mum's first nanny? Is it possible this is all new to her and she has just not gotten round to it -- or doesn't realise that she is required to do it?

i wouldnt worry just yet...

my sister at her job (she works for HR in a local NHS hopsital) is paid 'weekly in arrears'

it turns out that every Thursday she gets paid for the previouse weeks work. (ie yesturday got paid for work on 24 - 28 April, and will recieve this weeks pay NEXT Thursday IUSWIM

I wouldnt worry too much about not paying you.... IF that happened (which im sure it wont) it will be very easy with the help of CAB to take them to court and get your money!

By the way you are lucky.... most nannies are paid a month in arrears so we work for 4 weeks without getting paid so to speak!

As said by the others make sure your contract is sorted ASAP?

Do you have nanny insurance? If so you wont be covered unless you have a contract (or at least the 2 main policys stipulate that you need a contract to be covered!)

you dont need a contract to take them to court... they are legally obliged to pay you for all hours worked (even if you leave without notice you are still entitled to be paid for all work you have done) Given that they arnt obliged to give you a contract for 6 weeks, doesnt mean you can work for nothing for 6 weeks!

You would get your money

Also ask them about a contract... they have to give you one. Make sure you get all your pay slips etc too.... something else they are legall obliged to give you.... they are after all and employer (and have to pay employers NI too)... if they dont them THEY will be fined £3000 by the inland revenue and have to repay all taxes that they should have paid on behalf of you!

Its the law in this country about employing a nanny and its up to then to stick to it!

Good luck!

Also make sure in any future jobs you have your contract BEFORE you start

then you all know exactly where you stand

I think NannyL's approach while legally correct is not in good spirits. If you go into your employer with that tone, they will surely not appreciate it.

Another thing that should be in the contract is whether you will be paid in gross or net.

And I agree with you SSD, if you have no contract and no pay stubs, and not even a copy of a cheque, then how would you establish that you worked for this woman. The answer is you couldn't. As such, you would probably be wasting your time.

What I think you should do is perhaps find a sample contract and offer it to your new employer as a place to start. Just say you thought it might be helpful. And, of course it would be perfectly reasonable for you to ask for a contract be produced sooner rather than later. You migh even say something like you are looking to take out nanny insurance and they require a current contract before they can issue the policy.

Whatever you decide, be polite, but stand your ground. Don't threaten legal action when you have no evidence.

Did you tell the mum that you were depending on the pay to pay your rent? Or did you just stand there speechless?

Sorry, i didnt mean it come across like that!

what i mean is in future be sure to have a contract before you start.... after interviews etc then its not unreasonable to ask for a contract. (id willingly show any new employers my current contracts and suggest adjusting them to suit their family!!)

I certianly would not work without one and none of my bosses have had a problem with giving me a contract either! Its easier for all that way.... after all without a contract there is NOTHING employers can do if the 'nanny' suddenly decides she cant be bothered to work for you anymore for what ever reason.... suddenly you are stuck... you have waited X weeks to have a nanny, you are back at work and suddenly you have no one to look after your children... once you have found the right person she is likely to want to give at least 4 weeks notice (so far i have always given at least 8 weeks notice!)

A contract works positively on both sides!

(oh and on NJ there have been a few nannies who have taken their bosses who havnt paid them properly to court and won, (not talking tax and NI here... talking paying full stop!) the most recent being just a few weeks ago!)

I've been a nanny for 14 yrs on and off and have never heard of being paid in arrears like that, I've always been paid on the last day of every week for that week, did you get the job thru an agency?

Good luck with it, don't let them walk all over you, I''ve had that, and they seem to forget that an unhappy nanny looking after their kids isnt a good start

Okay, there is a bit more going on here. I'm going to be quite frank, but only with the intention of helping you. There is a problem here that you aren't standing up and saying what you really think / feel to the employer. As I recall you had the same problem with parents when you were a childminder.

You absolutely need to say to the mum what you have expressed here in a civil, polite, but firm manner. This is what I would do:

1- make a list of the things that were discussed in interview, and hence you would expect to be in the contract (hours, pay, duties, etc.).

2- Draw up a sample rather generic contract (the one on nannyjob for example -- but don't yet incorporate your list).

3- When you arrive at work monday morning, mention to the mum that youvwould like to talk to her about the contract when she has a few minutes, say sometime before the end of the week.

4- Bring your list and contract to the chat with the mum. Present the list and say these are the things as you understood them. Ask if she agrees. Then offer to draw up the contract for her for her to then approve/edit as she see fit. Or, if she wants to draw it up that's fine (really it's her job to draw it up, but you offering to draw it up for her might speed up the process).

Then, give it a week or so before youraise the issue again.

Whatever you do, do not keep quiet. It will eat away at you, you willbe unhappy, it will show at work, mum will be unhappy. Not a good situation.

This is certainly not beyond repair, but it needs addressing.

I've never been paid like that either. It's always at the end of the week or month. I wouldn't mind but would expect it to be brought to my attention at interview stage.

I totally agree with NannyL about the contract as i've been burnt in the past. Hope it all works out for you.

I agree with Uwila if you don't stand up to them now on this they will think they can get away with more.. been there trust me, get this sorted now

SSD, when you get a contract from her, if you want to e-mail it to me I'd be happy to look over it and tell you if I think it is fair.

Do you think that maybe she is struggling to afford a nanny, and had to delay a bit to make the payment. The more I think abaout this, it does strike me as strange. I mean doesn't "weekly in arrears" mean at the end of the week. I am paid monthky in arrears and the money comes in on the last day of the month.

Did she say what day she planned to pay you?

You might want to leave it until Monday. I would expect to have work conversations during work hours. Do you want to open the door for her to start calling you on weekends?

Good luck!

Good luck today. Let us know how it goes.

Well.....????