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Paid childcare

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

Is this fair - contract issues

40 replies

SarahPatricia · 17/02/2014 22:33

Ive been working woth a family one day a week as a nanny for a month without a contract, I wanted one in place before i started but tyhe mother insisted on being the one to write the contract and never had it ready in time for me to start with it.
The end of last week she handed me the contract to sign; in the contract is - no sick pay, 2 days off a year but they can say no to the dates i ask for after initially saying yes and i can not carry holiday over, no maternity provisions, i have to work bank holidays with no day off in lieu or addition payment, i have to inform them of an intent to concieve, notify them promtly when pregnent, when i am with their children and their child breaks something i must pay for it, list hobbies i can not do, there is nothing in the contract about termination of contract if they cannot pay me, nothing about a safe work enviroment for me, no pay increases, the family can terminate the contract immediatly for a list of resons but i have no resons and would need to work a 4 week notice period if i want to leave for any reason even gross misconduct on the familys part. If i hurt myself at work them they take no responsablity (they are having building work done) but if their children hurt themselves them it is my fault and the family can "recover damages" from me.

When i took this job the mother was as sweet as sugar. I have tolerated a lot - the children are very badly behaved (the three year old has been asked to leave nursery due to his behaviour) and the parents impossible to talk to.
I am a nursery nurse who has worked with prem babies born at 21 weeks, severe special eduactional, medical and developmental needs as well as working in high ranking nurseries. I have shown this contract to other childcare profesionals as well as legal people and they have all said to phone them and tell them i am walking away without any notice. Nothing was agreeed verbally and i have not signed anything.
Am i being unreasonable in walking away? The mother will only "tweek" parts, she wont change it as much as i want to make it more fair. I love children but i dont want to leave myself open to being walked all over by a family who i struggle to get along with.
What are peoples opinion?

OP posts:
Cindy34 · 18/02/2014 16:33

I would let the cleaner know that you have left the job and why. I would not go into that the mum thinks the cleaner is a spy, leave it to the cleaner to decide if they want to have this person as their client or not.

Any news on getting payment? I expect the amount involved (at a guess under 300, is it?) may not be worth taking legal action over, though a few letters plus a letter from a solicitor (it will cost you a bit) may be enough to get payment.

Good luck for the future. There are families out there who are great employers, so please do not be put off by this experience.

eurochick · 18/02/2014 16:37

I'd warn the cleaner. The woman sounds like a complete lunatic.

SarahPatricia · 18/02/2014 16:54

Its £390. On my formal letter I have asked for payment no later than the 22/02/2014. my boyfriends uncle has a friend who is a lawyer and has said he'll do me a quick letter if I need. Hopefully that will Make her hand the money over. Honestly I do need it as myself and my befriend are house hunting.
Thinking I'll go back to working in a school or nursery, or maybe back to the prem baby ward in a hospital.....this has made me realise how vulnerable you are as a nanny Confused

OP posts:
sleeplessinderbyshire · 18/02/2014 17:11

The mother sounds very bizarre to me, possibly even mentally unwell. I think I'd ring the childrens' health visitor and explain what you've told us. I think they would be worried

Weegiemum · 18/02/2014 17:19

I've been a nanny employer and this sounds totally crazy. I'd write the money off and run for the hills. Feel very sorry for the wee 1yo who is suffering though.

SarahPatricia · 18/02/2014 17:20

I informed the Childrens GP a few Weeks ago and told him my concerns and he's going to keep an eye out for "warning signs". I don't know who their health visitor is or I would tell them too. Hopefully the GP will stay on to of this.

OP posts:
mercibucket · 18/02/2014 17:24

i would not say it is enough to contact the gp
violence in the home is a child protection issue. social services.

NomDeClavier · 18/02/2014 17:41

You are vulnerable but there are things you can do to reduce that. Don't let it put you off - it can be so rewarding.

SarahPatricia · 18/02/2014 17:56

Just phoned social services - the children aren't being hurt and their basic needs are being met. They'll make a note of my call but that's it. They have "more pressing cases than a little bit of a family disagreement to deal with"
Was expecting more than a call log....

OP posts:
eurycantha · 18/02/2014 18:40

As everyone else has said leave ,tomorrow!!!

eurycantha · 18/02/2014 18:42

SorryI have just seen yo have left .well done.

SarahPatricia · 18/02/2014 21:04

A big thank you to everyone who has given me advice and support. I would have struggled to act with confidence and certainty without you all. You help me see that I wasn't being the unreasonable one.
Thank you all. Smile
No more stress induced sleep walking for me!

OP posts:
emeraldgirl1 · 19/02/2014 09:44

Jesus. I know nothing about contract law, not much about nannying, but a bit about pleasant behaviour.
This sounds appalling.
Run, don't walk.

emeraldgirl1 · 19/02/2014 09:45

Oh! Just seen that you have left them!!! Well done!!!
PS if you are SW London based PM me as we are looking for some p/t childcare (as I think you have gathered from my own thread!!)

hyperspacebug · 24/02/2014 11:24

What country is this family from? I wouldn't even expect the contract terms to be legit if they put you on payroll. If they want an illegal slave, so the contract'd be void anyway!

Small claims court is the way to pursue for lost wages if you don't mind the time and effort.

Just, wow.

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