Help I think my nanny is about to breach her contract!

[workingmummy1]

Hi all,

May I have your thoughts? I am struggling with some logical thinking!

Our nanny resigned the day before her 2 week holiday. Was not a complete surprise as she brings her child with her (10) when's not at school and had been taking advantage of our generousity with us allowing it; I won't go I to that now! Safe to say it was grating on me as it was upsetting my children

She says she's not going to another family but doing something else which I feel is plausible enough, either way not my business provides she fulfils her contract.

To be clear we are happy with our nanny just not her child. He rules the roost in her home that much is obvious.

My worry is this. She hands her notice in the day before her 2 week holiday, the letter she has written has a load of calculations as she is aware that she has not accrued enough time off. Given the work that has been put into the letter it is clear this decision was made a while ago.

Her pay date falls whilst she is away. She knows we outsource our payroll and probably could t have spoken to them prior to her going away to work out any adjustments.

My worry is she won't be back for her final 2 weeks leaving us in a bit of a state childcare wise.

My gut feeling is that she won't be back and this is a carefully exercuted plan. Ok I could probably sue her that being the case but is it worth it?

This is purely speculative but I would welcome any thoughts.

I'm not looking to open a debate just suggestions as to what I can do or do I have to wait this out?

Thanks in advance

You don't know for sure she won't be back after the holiday. Has the date given a specific leaving date?

If she hasn't accrued enough holiday, then you don't need to pay her for her holiday she's currently on, only what she is owed (did that make sense?).

So, if you calculate her remaining holiday including the months notice period as only 3 days than that is what you would pay her.

If she really wasn't planning on coming back she's been very unwise to put it in writing that she knows she hasn't got enough accrued leave! I wouldn't do anything yet, just assume in good faith that she will work her notice and take her to small claims court to retrieve the unearned wages if she lets you down.

You have to wait until she actually does something wrong. You can't act on paranoid speculation.

Until she does anything wrong, there is nothing we can advise you on...it's an unfortunate situation, and you probably know your nanny well, so you may be right in thinking this, however you may not.

Can I ask why you don't think she will be back? Does her last day fall within school holidays? I actually think the opposite to you, in that, why would she go to the effort to do her calculations, if she then has no intention on fulling her notice, she must know that that would void contract...

I would assume she won't be back, get alternative childcare sorted now and just pay her for whatever you will owe of the notice period.

Thanks all.

Call it a gut feeling, she has said a lot of things over time that haven't added up, I have decided that as she is pretty good with the kids I could deal with the odd white lie.

I will ride it out and see what happens. Am interviewing in the meantime:)

I don't intend on not fulfilling my side of the contract; she will get paid what she is owed no matter what.

Outragredfromleeds this isn't paranoid, speculative yes, but with good reason.

Hi - I don't think this is paranoia and would do as hollie says. Interview, definitely. If you're really stuck you could get a temp nanny in.