How you you sack your nanny, if it isn't working?

[Imsosorryalan]

There has been some inappropriate comments from her towards my dd (age 4) and her own dd who comes with her isn't very kind to my dd either. We have a contract which states 4 weeks notice unless misconduct occurs. Could I tell her I don't want her back after new year or should I be giving her notice?
The comments I picked up were told to me by my older daughter and I also overheard a comment when I came home but they didn't know I was back.

You can give notice and ask them not to come in to work during the notice period. Assuming they have been with you less than 2 years, then you don't have to give a reason.

Is it what you really want to do though? Would it not be better to discuss things with your nanny? Is it something that could be resolved?

Usual employment law rules apply when dismissing, however if the nannu has less than 2 years service, there is less risk.

Invite her in to a meeting to discuss conduct issue 1/2/3. In the invite letter give her the right to be accompanied by a tu rep and clearly state in the letter the meeting may result in a termination of the employment contract.

Hold the meeting, give her chance to respond and decide on an outcome (warning or dismissal).

You could, if there are no characteristics which could come back on you (ie discrimination due race, sex, religion etc), be less formal and speak to her about the issue and give her notice that you're ending her contact due 1/2/3 reason. She would be in her rights to receive notice pay in lieu if you don't want her to work it and wish for a more seamless exit.

More info is available from ACAS so you might benefit calling them (free) to guide you further as I can only advise on what you've written, and have no knowledge of her contract / details of misconduct etc. otherwise seek out a HR consultant in your area who could take you through the process (paid)

GingerSkin, More or less than 2 years, there is no risk at all when an employer fire a nanny (unless it's pregnancy/religion related).

You don;t even need to give a reason to fire her. You just need to tell her (or send an email/letter) to give her her notice.

The only thing that I wouldn't advise is to try to not pay the notice as the misconduct will be hard to prove.

Wewishyou - sorry I don't wholly agree with what you're saying. Do you work in employment law or HR?

As a nanny you are an employee, and as an employee with 2 years service or more with the same employer, you have more rights (ie to claim unfair dismissal or constructive dismissal at an Employment Tribunal) than if you have less than 2 years. There isn't any "more or less than 2 years", it's 2 years which is seen in most businesses by management as 'more risky' once an employee reaches that point.

However, to say there is no risk at all under 2 years is incorrect. It isn't just pregnancy or religion to be aware of (in terms of discrimination), but also making a protected disclosure (ie health and safety breaches) and other characteristics like disability, age and race. Whilst the OP has raised issues relating to conduct/behaviour, I always like to know about particular characteristics to weigh up the overall risk of dismissing someone.

In theory, you don't have to give a reason for ending employment with less than 2 years service but a) it's good practice and b) it's fairer and clearer to the individual. In my experience, terminating employment should be fair and clear to the employee - even just to save time and energy later with the person potentially causing you issues afterwards (ultimately to ward off an appeal to the dismissal or grievance).

As a nanny, you're still an employee and should be treated fairly. As an employer, you should be following good employment practices.

If I was the OP I'd be investigating the misconduct first because hearing one side of the story (older sibling version) is not the full picture and there could be an explanation or misunderstanding with what was heard - it could be worse and therefore does warrant dismissal but a thorough investigation is key.

As for not paying notice pay - be careful. There is a big difference between conduct dismissal and gross misconduct dismissal. Nothing about proving the offence happened or not. Only offences of gross misconduct warrant no notice pay so the offence is that serious it warranted a summary dismissal.

Like I said earlier, as an employer, seek professional opinion.

What comments is she saying? What did you hear - was it out of context - what did your daughter say? How old is nannys child? Assume Older if not very kind

If nanny has been there less then 2yrs then think you can just give notice (paid) and that's the end of it

If she has been there over 2yrs then there are rules to follow - plus if been there that long she can't be all bad and worth having a chat

Did you tell her at the time when you heard inappropriate comments?

Thanks for replies, I don't want to go into detail re what's happened but yes, I have followed them up and not got satisfactory responses and many other instances which kept occurring, which her daughter let slip too. She is 11. Only had her for 6 weeks and still in probationary period.

Having spoken with dh, he says under 2 years employment, pay them their contractual notice and tell them to go, a reason is not necessary and they don't have to work notice either (must be paid though). If in probation period normally there is a one week notice period, and the same applies.

If she is still within her probationary period then you just hand her a letter giving her one weeks notice, saying " sorry, its just not worked out"