Nannies - how to guard against parents changing their mind?

[Jinxxx]

I have been childminding for many years but am considering taking a nanny job, though it does not start until 1 March. That gives me plenty of time to wind down my business and help my current kiddies' families find new care, which might well leave me without work for a few weeks but I think I can live with that. What I was wondering though is whether I would have any protection against the family simply changing their minds and leaving me jobless? I know I would have to have a contract, but does that help before you actually start work? If I was taking on a new child at a future date (as a CM) I would take a non-returnable deposit to discourage timewasters, but does a nanny have any sort of protection in this situation?

If I have a long wait for a job to start then I would sign contract and in it have a clause that if the parents don't employ me for any reason due to them that they pay me a months salary

Stops the time wasters and also gives hkh a slight income

You face the same situation as everyone who accepts a new job. Companies can also change their minds or go bust between job offer and start date. If you ask a family for something along the lines of a non-refundable deposit they could equally easily ask you for a similar thing to prevent you changing your mind or taking another job in the meantime. Particularly given that you will not start this job until March, which is more than four months away, anything could happen on either side in the meantime. I appreciate this is partly your reason for wanting some reassurance that the job will go ahead but as a nanny employer I would not be happy to do this.

There is risk on both sides. Same with starting all jobs.

If they headhunted you then a clause like Blondes suggests may be something they would agree with - are they a client at the moment, thus you have a good relationship?

Thanks for all your replies. It's not a current client, so no track record to go on. I suppose what makes it seem like a bigger risk is that it's not like I can walk out of my job on Friday and start a new one on Monday. To be fair to my current kiddies, they may well need to get in at the beginning of term to the after school club, or take up a nursery place when it comes free, so I will probably be losing work progressively over at least a couple of months, and then have to work a month before getting paid, so can expect to be pretty broke. It would be harsh if it all then fell through. We haven't even talked about contracts yet so I will have to see what they propose and take things from there.

...and who is hkh, Blondes?

I recruited my first nanny 4 months ahead and got the contract signed early, which had a 6 week notice period. So had I changed my mind before she started, I'd have had to pay 6 weeks pay. Only a signed contract gives you any protection.

Jinx I have no idea - iPhones changing stuff !!!

Think meant you

Most contracts (which would be issued your new employer rather than you), would have a probation period in them where only one week's notice would be payable if the nanny wasn't suitable, or the nanny wasn't enjoying the new position.

It's unlikely that an employer would go to the hassle of employing someone and then change their minds, unless the nanny's references weren't acceptable, or the employer suddenly lost their job.

Ive had this happen twice to me....both times start date was months away. I had contract signed both times, but only one weeks notice probation period and the contract only came into effect once employment started. One mum decided not to return to work after maternity leave, the other changed job from full time to 2 short days!
It caused massive financial problems both times. I decided it wouldn't happen again. I now put a clause in contract stating that if contract is changed or cancelled before employment commences, I get 6 weeks pay (as would be my notice period)
I've since used this clause once when a family changed there mind about a nanny and decided on nursery instead.
I have been a nanny for nearly 20 years, so these things don't happen that often, but they do happen.
I'll not had any objections to the clause in the contract; to be honest I think it weans out those employers who aren't sure and just want to have you in place until they make their mind up.
I'd recommend a similar clause. Good luck x

Ditto seb

Hasn't happened to ME but had friends ready to start a job say 8weeks time. They stop looking /interviews and then week before the family rings them up and says they don't want to return to work anymore - so nanny has no job. No income. Possibly missed out on other jobs etc

Can I please ask a supplementary question? Where do parents who don't recruit through an agency get their contracts from? Nanny friends suggest the agency generally deals with paperwork but this parent has approached me in person so won't have an agency to consult.

Keep in mind that you don't have to tell your existing families yet. I know you want to be fair and give them as much notice as possible but the best way to protect yourself would be to just give the minimum 4 weeks notice. Or if you are feeling very generous then maybe 8 weeks. If you tell them now you will very likely lose a lot of income as they could easily start looking for someone else straight away.

Payefornannies provides a model contract and will adapt it if you use them for payroll services.

NannyJob has a specimen contract.
ACAS has a self help guide (pdf)
A google search can produce specimen contracts in .DOC and .PDF formats.

I would suggest using a combination of resources to come up with something that makes sense to you, meets legal requirement and is tailored to your specific situation.

Opps, you are the nanny... so where I said makes sense to you, it should be makes sense to the parents. Though actually it does also need to make sense to you, so it is helpful if you understand what it has to include. Also helpful if you understand how holiday entitlement works. ACAS Holidays and Holiday Pay.