Nanny issues

[chelc1979]

Not sure if this is the right place to post & looking for some advice. My nanny has handed in her notice & now spouting of holiday accrued is not correct & she's had to work overtime which she's never brought up & has been counteracted by her constant lateness!

Anyway she's never signed the contract I have her & looks like she's never read it until now! She's still in her probationary period for another week. She's given me notice & I'm sure she's not going to work it all! In the contract I stated 4 weeks notice & she's given me that yesterday to finish on the 29th August. If she's not signed it& still in her probationary period can I give her 1 weeks notice or sack her on the spot? Or do I have to give her the 4 weeks notice even though it's not signed??

It doesn't matter that it's not signed, if she has been coming to work then she has accepted it.

Did you put in the contract that notice period in the probationary is 1 week or did you put 4 weeks no matter when it is. If the contract only says 1 week then you tell her that as per the contract she only needs to give a weeks notice and that you accept that and won't be paying her for more than that week. If it says 4 week then yes she needs to work/ be paid for all 4 weeks, if you don't want her to work all 4 that's fine but you still need to pay her for them us any holiday she has accrued and not had which if in probationary period I am guessing can't be much.

Can you speak to Acas about this, or a payroll company?

I'm pretty sure that this is deemed to be an 'implied contract' on the basis she has in principal agreed to the t's & c's of the written one.

Eeyore is spot on - it depends on the wording of this (unsigned but implied) contract.

You have to give her the notice in her contract: they are the terms on which you offered the job and in coming to work she has accepted.

4 weeks sounds long for notice during probation, it is often shorter as the purpose of having a probation period is so either side can end the agreement quickly.

Holiday will be as per the contract, if they have not taken any then they can have what is owed added as payment in last wage packet.

Lateness, overtime, does not really work like that. If there has been overtime that should be paid or given as time off in lieu as per the agreement you had at the time it occured.

Lateness should be addressed as it happens, agreeing to do the time later is fine but it needs to be agreed.

Lateness is not a good trait for a nanny, so maybe for the best that they have resigned.

Maybe she would like to finish earlier? As she resigned, they could ask if you would let them leave earlier. You could agree to that... Make sure you put the agreement in writing.

The 4 weeks notice would not then apply, so would be paid for work done and holiday due.

You paying her for the 4 weeks would apply if you had given her notice but as she gave you notice and if she requests to leave earlier, then it is a bit different. If she requests to leave early, do check with ACAS or your payroll providers legal service.

There is no suggestion in the original post that Chelc was about to give nanny notice at all. If she had been unhappy with her performance she would presumably have told her that she would not be passing her probation period which ended only a week later. But that didn't happen; nanny gave notice (4 weeks as requested) and has had the audacity to question Chelc's calculation of holiday pay, and so now Chelc wants to sack her. That doesn't sound at all fair; it sounds vindictive.

Jinxxx far from that her review was booked for this week coming & she had an idea she would t pass her probationary period when she brought my children back with severe sunburn. The Matter is resolved anyway she's given me 5 weeks notice and I've resolved it by accepting from date written and she will be working 4 weeks notice.

Ah you see that puts things in a different light...but good that it is now sorted.