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Paid childcare

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

Aupair i hired through an agency left the house before we returned

21 replies

Dmummy · 05/05/2015 20:35

Hello All,

I am in dire need of help, i hired an aupair three weeks ago through an agency. The aupair dropped my kids at the school last Wednesday and left the house without giving any notice as stipulated in the contract

I paid the agency fee 3 days before she left , i am wondering what options i have to get my money back from the agency and claim for damages as my kids informed me she was constantly speaking to the agency and i sense they conspired to get me to pay the money and leave my house without any notice.

OP posts:
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Variousrandomthings · 05/05/2015 20:39

Have you read the contract?

grandmainmypocket · 05/05/2015 23:16

I'm so sorry. It's an awful feeling. Read your contract and see what it says.
Was she your first au pair?

threegoingonthirty · 05/05/2015 23:24

You should have some redress, but often you have to give them an opportunity to find someone else before they will refund you.

OutragedFromLeeds · 06/05/2015 09:27

I don't think you can claim for damages. It is very, very unlikely that the agency were conspiring with the au pair. They have no vested interest in keeping the au pairs happy because they don't pay for the agency's services, the families employing the au pairs do. What is far more likely is that she was ringing to ask them to find her another placement/complaining about you and they were telling her she had to stay/give it a bit longer. Eventually she couldn't take it any more and left.

They should find you a replacement au pair though.

Read your contract.

Quitelikely · 06/05/2015 09:39

If she was always in the phone to the agency the chances are she's been telling them why she was unhappy.

You need to find out imo otherwise any au pair might walk.

youplusaupair · 06/05/2015 11:56

Hi,

I agree, first of all check the agency's Terms of Business or if you have a contract with the agency. Then, I would call the agency and inform them that the au pair has left and ask what your options are. I manage an au pair agency and give the families two options of either free replacement or a partial refund, depending on agreed length of stay and the actual length of stay. I believe they will try to help you, for various reasons: 1. it is the right thing to do, 2. to maintain their reputation, 3. you are their paying client in the end of the day and might need more au pairs in the future.

As long as parties communicate, there is always a solution or a compromise. Good luck!

Dmummy · 06/05/2015 16:55

I spoke to the agency asking if the aupair will consider working on a Saturday morning to assist with house chores, agency claims I changed the contract I heard no feedback from the agency on what the aupair was willing to do .

She also claims I did not discuss performance issues with the aupair when I discussed with aupair and spoke to her in confidence .

I sense she did it on purpose , is there any legal redress I can seek , as she has stated she will not be replacing aupair

OP posts:
BlackandGold · 06/05/2015 18:26

Why did you not discuss Saturday morning working with your au pair instead of going straight to the Agency?

I take it the au pair didn't want to work extra hours on a Saturday as a cleaner.

Dmummy · 06/05/2015 19:19

I didn't discuss with aupair , discussed with the agency first and this is her basis of saying I changed the contract , between having the conversation with agency and aupair leaving took less than 2 days.

OP posts:
OutragedFromLeeds · 06/05/2015 19:45

Why didn't you just talk to the au pair about the Saturday mornings?

I think you've got some paranoia issues. These people did not start up an au pair agency just to annoy you. They were almost certainly not conspiring or deliberately encouraging the au pair to leave just to piss you off. They're running a business.

The au pair left because she didn't like you or she didn't like the job or she had a better offer. This is nothing to do with the agency.

threegoingonthirty · 06/05/2015 22:14

As an example, here are the T&C of a nanny agency I've used - basically refund if the nanny doesn't start, and they'll find you up to 3 new candidates at no cost if she leaves within 8 weeks. So if the au pair agency has something similar then you may at least get someone else without paying another fee

Should the Candidate fail to take up an Engagement A FULL REFUND WILL BE MADE provided the Client advises the Agency, in writing, within 7 days of the failure. First and foremost the Agency will endeavour to find the client a replacement. Should this not be possible The Agency will provide a full refund.

4.3 The Agency cannot guarantee that the Candidate will complete his or her proposed length of Engagement.

4.4 If the Engagement is lawfully terminated by the Client or Candidate within 8 eight weeks of the date of commencement of a permanent Placement or within the invoiced period of a temporary Placement, the Agency will use all best endeavors to find a suitable replacement Candidate for the Client by reference to the Candidate’s experience and/or qualifications and the Client’s job specification from the date of the Client’s notification to the Agency at no extra cost to the Client. We offer a maximum of 3 replacement candidates.

A refund will only be valid provided that:

the Client notifies the Agency in writing within 3 days of the termination of Employment;
the Client allows the Agency to introduce a suitable replacement Candidate to the Client, The Agency is given 14 days to provide this
A replacement cannot be found;
all payments due to the Agency under these terms and conditions have been made by the due date;
the Client has not failed to carry out any of its obligations under these terms and conditions and current employment legislation;
the Candidate did not leave due to a change in the job description or a change in the work location, or due to unreasonable working conditions;
the Placement did not fail as a result of unreasonable demands by the Client;
the Client has requested that no replacement Candidate be sought
the Client has not found a new carer via another source after advising the Agency to look for a replacement Candidate;
the client has not varied the request for replacement from that of the original specification;
4.5 In the event that the Agency puts forward a Candidate (or Candidates) that it considers to be suitable by reference to the Candidate’s experience and/or qualifications and the Client’s job specification and the Client unreasonably fails to offer the Candidate a position on the same terms as the previous Candidate’s terms, then the Agency shall be under no further obligation to offer further replacements or a refund of the Introductory fee.

4.6 If the Client finds the Candidate unsuitable yet retains the Candidate in their employment the Client is liable to pay the full Agency fee and the Agency will offer no refund.

4.7 The Client will no longer be eligible for a refund after the first Candidate has been replaced.

4.8 Whilst the Agency shall endeavour to find a replacement Candidate the Agency makes no guarantee that such a Candidate will be found.

4.9 Once one replacement candidate has been found, there are no further refunds or replacements offered, In the event that a free replacement cannot be found by the Agency. The Agency will offer the client a refund for the original fee paid minus £75.00 Admin charges and less our standard rate of Temporary nannies of £30 a day for each day , the nanny has worked within the 8 week period. After 8 weeks the candidate is deemed satisfactory and no refund will be given.

worridmum · 07/05/2015 13:11

So in fact you did want to change the contract without even informing the Au pair and went above her head to the agency to change the contract and your annoyed she left you in the lurch and now want your money back?

Did you expect to get away with changing a contract without even asking her? And good on her for leaving as it seems like you were attempting to take the piss. (truth be told I would NOT be happy if you decided you wanted me to give up my free time to help with chores beyond my working hours... excusing ad hoc for emergnys of course)

And again why didnt you ask the Au pair before contacting the agency? because you do know they would be duty bound to inform the Au pair that you in fact wanted to change her contract

Truth be told they most likely wont be forced to give you a refund if they can prove you were unilatirally changing the contract and thusly forcing your Au pair to leave but I am sure if you moan enough they might give you a refund but you might end up black listed from all the the other agences

Karoleann · 07/05/2015 13:57

It will depend on the agency, most will replace the au pair without charge, it will say on the contract.

Two things I've learnt from having an au pair

  1. Never use an agency, you get better candidates yourself on au pair world
  2. Make expectations clear before they arrive, you can't go changing her days of work after she has arrived, that's not on.
ConnieBaby · 07/05/2015 16:30

But surely asking if she's willing to work Saturdays is not the same as changing her contract to say she must work Saturdays?

Dmummy · 07/05/2015 16:45

@worridmum , I don't care about been blacklisted , as I won't be using an agency going forward , asking is not the same as changing

Thanks but no thanks

OP posts:
worridmum · 07/05/2015 21:33

but do learn in the future ask or atleast be upfront before hand or even on Au pair world you will get people leaving

Gusthetheatrecat · 08/05/2015 14:15

It does seem strange to ask your agency re changing her hours. I would normally expect no further contact with an au pair agency after a suitable candidate arrives and fees are all paid.
My husband is away this weekend and we let our au pair know in advance and asked her nicely if she could please help out a bit on Saturday.
That said, your au pair has left suddenly, and you talking to the agency about hours wouldn't seem to warrant this. Why not send the agency a letter setting out very clearly what happened with dates, what you want from them (a refund? Partial refund? Alternative candidate?) and saying calmly that you will be taking legal advice?

Maryann1975 · 09/05/2015 10:23

Not necessarily paranoia about the agency, they may well have been talking. I was placed by an agency as a nanny, it was the wrong job for me completely, but the agency said I had to work for six weeks (until the family had no financial come back) or they wouldn't put me forward for any other jobs. Very unprofessional but I did it and they found me a fabulous job next.

I don't get why you went to the agency about changing au pairs hours though?

OVienna · 09/05/2015 11:38

so I previously used an agency and I did talk to them about whether my expectations were reasonable a couple of times before speaking to the au pair. I think it is reasonable for them to be available for advice in this way and i can why the OP wiukd have done it.

That agency saying you had to work for six weeks so the parents had no recourse to get their fee back is Shock Shock

Roseotto · 09/05/2015 15:50

worridmum your post is utterly unhelpful and very judgmental. How can it be responsible behaviour for her to drop the children at school and disappear. Even if she is deeply unhappy about a request to do more hours (or more likely au pairing wasn't the holiday she planned) she still owes the family a decent bit of notice to make emergency arrangements before vanishing.

LittleFluffyMoo · 12/05/2015 22:40

Au pairs are very young, it's usually the first job they've had and the first time they've been away from home.

It's a shock for some of them when they get to their new place. It sounds like maybe she was quite immature? How old was she OP? Leaving like that doesn't sound like the actions of a mature adult.

We had a couple of au pairs in their late teens and although one was very competent, the other needed more mothering than I wanted to do (as an example, she phoned me up at 11pm to meet her at the bus stop 5 minutes walk away and walk her home. This despite the fact DH was away and I was on my own with two under fives asleep upstairs.)

After she left, the children went to a nursery.

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