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Paid childcare

Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

Do i have a leg to stand on??

7 replies

Holz2094 · 16/03/2015 16:16

Hi i started a nanny share was there for a month. they say they was sorting a contract. it started off 3 days per week going full time after a month because they had to give their nursery notice. after a month they sent me a text to say due to a fault in their nursery contracts they could no longer keep me :/ i feel like they needed childcare just for that month and used me. i turned down numerous jobs to work for them as they seemed really lovely genuine people. she agreed when i went to the interview if they was ever to let me go they would give me two weeks notice althought i didnt sign a contract with them i have it in an email from them they would give me two weeks notice. is this enough to take them to a small claims court for my 2 weeks money as they literally just dropped me leaving me with no job or money!

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adsy · 16/03/2015 16:38

Short answer is yes if you have the email. send them a letter first asking for the money owed and informing them that if it's not forthcoming you will take it to the county court.
good luck, and you can take someone to the "small claims" court online nowadays. costs about £40.

nannynick · 16/03/2015 17:38

Did they pay you at all - have evidence of payment being made?
Did you get paid any notice at all?

The email would be sufficient for starting a claim. Back it up with evidence of payment for work done and it shows there was a contract in place, even without there being a written statement of employment particulars. Keep all emails/texts as evidence.

Take first step actions to try to resolve between yourselves, so write formally to them stating that as per the email (give date of the email) two weeks notice to end the agreement was to be given and thus you expect to be paid x amount in lieu of being given notice. Give them at least 14 days to respond to that letter or pay that, otherwise you will start legal proceedings.

Once the time period is up, then proceed down the small claims route.
There is more information about pre-action conduct and about the small claims procedure refer to:

Money Claim Online Guide (pdf)
Pre-Action Conduct - refer to Annex A for what your letter needs to contain

eeyore12 · 16/03/2015 17:40

You say it was a nanny share what has happened to the other family or they both let you down?

Holz2094 · 16/03/2015 17:49

Thanks everyone, they was friends both their children was in the same nursery and apparently there was faults in their nursery contracts and they could not keep me. i was not paid any notice atal i got a text message 9pm monday evening saying they no longer needed me and not to come in next morning was due in 7am.

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nannynick · 16/03/2015 20:08

Statutory notice of one week applies after working for one month.

Your evidence that says they agreed to 2 weeks notice will be useful.

Set out clearly to them what you expect to happen, how much you expect to be paid, by what date. Follow the Pre-Action Conduct guidance.

Tallulaxx · 16/03/2015 20:10

Can I just ask I was dropped after 3 weeks working contract was never signed as never got arounnd to it kicking myself now does the contract stand at all if ive signed but not them?Sounds like my situation was similar to yours though 2 months notice I was suppose to give!

nannynick · 16/03/2015 20:31

A contract is formed when the acceptance of an offer is received.
That offer and acceptance can be verbal. However it can be hard to prove when it is verbal, thus a paper trail is usually created and under UK Employment legislation employees are entitled to a written statement containing the main terms of the agreement within 2 months of starting work.

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