leaving before notice period??

[Scottishgirl23]

Hi everyone,
I have been nannying for a family for the past two years, whilst also finishing my Phd! I adore the children, but things with their parents have deteriorated over the last few months. There is a general lack of respect by the parents and I have been put in many different situations that I have felt very uncomfortable with. Every time I have brought up my concerns I have been told that I need to deal with it and when I am at work they are allowed to make me do whatever they want as they are paying me. The good news is that I have finished my Phd and I have been offered an amazing job and will be leaving this family shortly. However, i just had a look at my contract and saw that I must give a notice period of 3 months (I had thought it was 4 weeks) and that if I leave before the 3 month notice period is over they can demand that I pay them wages for each day I didn't work during the notice period. Obviously I cannot afford to pay them this amount of money and I cannot ask my new employers to hold my job for 3 months whilst I complete the notice period. I would never want to leave my current bosses in a bad situation, but I am also reaching my breaking point with their horrible behaviour and I cannot imagine giving up my dream job due to this notice period.
Any opinions on this would be appreciated! Thank you.

Speak to you employers, give in your notice. You never know they might find another nanny quickly.

Write down all your grievances, speak with ACAS. They will advise you.

I would suggest you try to negotiate an early release from the contract. If it is not working out, does your employer really want you there for the entire three months? They may find someone who can start sooner.

Contractually the employer could take you to court if you leave before the end of the notice period. They could try to make a claim for compensation for breach of contract, claim any financial loss that is a result of you leaving early.

OK, thank you both for your thoughts. I will have a word with the people offering me the new job and explain my long notice period. I assume that as a major corporation they are use to people having to work out their notice periods before starting a new job so hopefully they will be understanding.

If my new employers hold my job for three months and I hand in my notice period to my current boss, can my boss then fire/replace me before the end of the notice period? If she does want me to leave before the notice period is over would she have to pay me through the end of the three months?

I am worried that after working out a deal with my new employer to hold the job for the notice period, my current employer could then replace/fire me and I would then be without work until the new job starts.

Thank you

The clause about you owing them money for every day you don't work sounds unenforceable to me!

Although they could take you to a small claims court for breach of contract, it seems unlikely that they would. I would give them a month's notice.

If you have been working there for over 2 years then they can't fire you or give you notice without very good reason e.g. gross misconduct.

it's a completely unenforceable penalty clause. Feel free to leave when you like, and it's a lesson to always read / negotiate your contract in future! The only time I have ever seen a lawsuit over leaving before a notice period expired concerned a very high profile key man jumping ship to a direct competitor and the party who took the action is the type of person who sues his own father. Don't worry about that.
Yes, they may however ask you to go earlier if they replace you earlier but how fast do you really think they're going to find a replacement?
I'd like to think they're unaware of this looneytunes clause and it's something straight from a nanny agency standard that they have no intention of enforcing.

They can't just ask an employee of two years to go early though, can they?

3mths is a long time. Average is 2nths as 1mth isn't long enough to find a new job

Moral of story always read what you sign

You should give 3mths as that the professional thing to do but see how long job can wait and again the company should releise that many people have 8 weeks notice as standard and need to honour that

Suggest a month to them in writing and a final last day date see if they disagree - they may have forgotten it was 3

I don't think they are that unlikely to take you to court, especially if you leaving early causes them to have problems with childcare. Contracts exist to mitigate loss from either party signing and as long as the contract is fair to both sides (and plenty of people have 3 month notice periods in their contracts) then can be enforced.

You may also want to consider than you may need them to give you a reference in the future and its unlikely to be favourable if you leave during your notice period.

That said, I would also just talk to them, it may be that they are happy for you to leave after a couple of months.

thanks everyone. I will be positive about the situation and hopefully it works out on both sides! I don't want to inconvenience anyone. The contract states that they have to give me 2 weeks notice and I have to give them 3 months! i signed the contract two years ago and just did not remember that my notice period was so long. I am sure at the time leaving seemed really far off as I still had a long way to on my Phd. Anyways, yes, it is a good lesson for me to read everything on a contract.

thanks!

You have to give them 3 months notice and they only have to give you two weeks!

I am not sure where to find the detail but I do know that there are considerations in Law with regard to the Unfair Terms of a Contract. To me asking you to give 3 months notice and to pay them for each day up to that time if you leave earlier is Unfair and not equal.

If I were you before you give them anything in writing or give notice I would contact Acass and possibly seek the advise of an Employment Lawyer.

It's quite a good example of an unfair contract.....I think you should contact ACAS too.

Unfair contract terms law doesn't apply in a domestic employment arrangement. Nobody in their right mind incurs the cost of litigation against someone who's just finished a phd and has been working as part time nanny, unless you're a closet heiress who's been workign for fun. YOu're not worth suing, so even if they were vindictive as hell, they'll be advised not to bother. really, don't over worry it.

I would be tempted to just give two months, and depending on their reaction, you can the gauge what start date to give your new employer. Based on the fact you have to give three months, and they have to give two weeks, I don't think you have to worry about this going to court, as PP said, they will be advised to drop it, and the contract doesn't sound legally binding as it is!
Good luck, let's us know how you get on x

One step at a time. Go back to new fantastic employer and tell them - you have a 3 month notice period but tell them that you want to start sooner and so will try to negotiate a shorter one. Ask how long they would be willing to hold job for you - ask could they hold it 3 months if your negotiations are not successful - if not, ask how long they could hold it for.

Based on that you can then go into negotiations/discussions with current bosses. Bear in mind any holiday you have owing - you could take that as part of your notice so as to reduce the total period you have to work for.

Only when you have spoken to both current and future bosses will you know if there even is a problem - it may work out fine - I hope it does. But if not, then you will need to decide if you want to worry about unfair terms etc.

They can sue easily in small claims, minimal award would be difference between emergency cover pay and nanny's current earnings - ie out of pocket additional costs because of nanny leaving early, rather than full pay (but cost could still be very large). Wrong to say they'd definitely be advised not to sue. Although notice terms are quite mean they are not necessarily unfair because they are loaded on one side - I run a business and see many clients offering these kinds if contracts (we always refuse to sign until renegotiated so both sides equal)

How badly have they treated you and have they themselves breached the contract terms in what they have made you do, work-wise? If yes, you could - instead of resigning - claim they have constructively dismissed you via unreasonable treatment and as such you can rely on the dismissal terms of 2 weeks. But you will need clear evidence of their unreasonableness.

lordcopper anyone can sue wherever they jolly like but the sense check is whether the proposed respondent is able to meet an award. Do you think that's likely for someone who's just completed a pHd and has been a part time nanny? so you can small claim 'til the cows come home but you'd be an idiot to do so under those circumstances. There are still costs involved in claiming in small claims (albeit lower) and they are payable by the defendant.
You may run a business, but it appears not to be a law firm.