Ending a contract

[Kooza]

To cut a long story very short I hired a new nanny at the beginning of the year.
It isn't working out, I have given feedback to her on the issues that are bothering me but nothing much is changing.

There is nothing life threatening, just a general lack of ability. Can't really cook, can't spell or explain what words mean when reading, no imagination for games or playtime, can't seem to keep things organised, asks very basic questions that I never imagined someone with a degree in childcare would need to ask.

I have literally had to teach her everything from the absolute basics. I feel like booting her references up the arse although she did mention when I pointed out one particular issue that she knew it was a problem but had always been sole charge in the past so never noticed by her previous employers. (ocd related).

In that event and given that she has not been with us for very long, could I just give her a month's notice? A new nursery has opened up nearby so I will probably look at that as an option instead. I have given her feedback that I had concerns but things aren't so dire that any kind of gross misconduct dismissal would be appropriate. I also don't want to ruin her career by giving written warnings etc. if there's a nicer way of doing things.

I feel bad because she's a nice enough girl but I know that I just don't have confidence in her. I'd be happy to give a longer notice period to give her more time to find another position.

Any advice much appreciated!

You can give notice as per what is written in the contract. An unfair dismissal claim cannot be brought against you as they have not been employed long enough.

Ideally you should have followed disciplinary procedure, such as pointing out things they are not good at and giving specified time to improve. You may well have done that as you say you have talked to her about the issues.

As long as you end the contract reasonably, such as by giving notice as specified in the contract, then I can not see it being a big problem. Things do not always work out.

Does she realise that things are not going well and that due to lack of improvement she is likely to be asked to leave?

Not at this point, so my next step is to have a second review meeting with her where I make it a little more brutal. She does know there have been several problems but I haven't specifically laid out time scales for improvement. I'll do that at the next meeting.

As much as I want to make things as easy as possible for her, she is the type to be all over "what she's entitled to" contractually speaking.

I just wondered if I'm simply saying, "look we just don't want a nanny anymore" do I still have to go down the disciplinary route? My DH's job is also looking a bit shaky at the moment so that may well be a reality in the near future as scary as that is to think about.

Thank you for the advice by the way! I'm very grateful.

As she's been with you less than a year you can just give her notice at any time.

Hi Maja - so if things just generally aren't working I can just give notice?
Sorry - I'm just trying to make sure I'm clear on what to do!

If you're not going to be employing another nanny and will be using a nursery instead, then you can just give notice of redundancy. As she has been employed for less than 2 years no redundancy payment will be due.