Nanny notice period question/dilemma

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Need a balanced view on this one.

Our nanny decided she wanted to move away, so wasn't going to be able to go on working for us long term. She moved in June, but because that was a difficult time with ends of term and so on she agreed to do keep working by doing a weekly commute, which has been really kind of her.

We were happy for her to start looking for jobs where she now is, which she's been doing, but she hasn't found anything yet - most likely she will find something around start of new term in late Aug/Sept - thus we've both agreed that would be the time when we'd definitely need our new nanny - though if she had found something, we would have been happy to let her go as from the end of this week, as I'll be on holiday. Because she's been looking for work ad hoc, and commuting to work for us ad hoc, neither side has given formal notice to the other.

Now the question is: our contract has a four-week notice period. My kind of moral feeling is this: although if she'd found a job and we'd have let her go as of the end of this week (without insisting on the notice period) - that is neither here nor there, and we need to give her (and pay her for) a proper four-week notice period, starting from whenever I give it.

Do you agree? Either morally, or because you know the relevant law and that's the deal?

If I were in your position I think I would agree an end date in writing and pay her up to the earlier of the agreed date or her starting work for someone else. I would then make separate decisions as to whether I needed her work it all if I didn't need her because I was off.

I don't know how this works from a legal point of view but I could do something like this with a clear conscience.

We have always agreed leaving dates with our nannies that have been well in excess of notice periods because it's been helpful to us all to get things organised over a longer period.

so you mean you are going to giver her her 4 weeks notice now? and pay her for anotehr 4 weeks 'work'?

If thats correct than that seems fine to me....

except school holidays dont end until about 5th September.... so maybe you could agree that she can at least work with you until friday 1st september?

Could you not give her notice of that now regardless?

and keep the understanding that if she finds anything in the mean time she can leave earlier?

or have a i misunderstood the question?

NannyL, you have understood right - giving her notice now means we would pay her for another four weeks, but she wouldn't have to work them.

RE working till the end of the holidays, I think she won't want to actually come to work for us beyond this week, because it means doing the weekly commute from her new home. And I wouldn't ask that of her.

I think what I will say is - set end date of Friday 25th Aug (a few days longer than four-week period) and then if she lands a new job earlier than that she leaves our payroll.

I just wonder whether I'm being a bit over-generous. But she's been so helpful.

I think you are right, morally and (probably) legally.

yes that sounds fine.... i was saying the 1st September cause i thought you were expecting her to work her notice.... but if you are not expecting her to work it than that sounds VERY fair to me!

Yes, I agree. I think you have to or at least should give the notice that is outlined in the contract. However, I do also think it would be fair for you to expect her to work those four weeks.

I think it is being very generous of you not to expect her to work her notice but if like you said she has been very helpful then i think it's a lovely gesture from you. Maybe you could meet halfway and say to her to work 2 weeks to help you out then she gets the last 2 weeks off. I would be very happy with that plus you get some extra time for you as well and everybody wins.