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Paid childcare

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

Nanny poaching?

34 replies

HappyDaddy · 02/03/2007 13:45

I hope there are some with a legal bent, or experience who can answer this for me.

Our childminder, works at nursery during the day and brings our dd home with her after work. She's keen to move into nannying and we're keen to take dd out of nursery and for her to be dd's nanny.

Here's the question. What are the implications and workaround if the nursery suspect we've poached her? It's possible they will as we'll have to give notice to take dd out of nursery and childminder will also have to give her notice at the same time. It would be so perfect if we can get this to happen but don't want to get caught in some legal bullshit argument with the nursery.

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Eleusis · 02/03/2007 13:54

Read your contract!!! (and tell us what it says)

You could always give notice say 3 months before going and she could give it one month before.

Or, you could employ her as a childminder until the your grace period (whatever is stated in the contract) is up.

Basically, if they can't prove you are her employer you are in the clear. If they can, you are in the shit. (as in fupppy ship)

Mumpbump · 02/03/2007 13:56

Or you could just offer them some cash as an introduction fee to keep them happy...

HappyDaddy · 02/03/2007 13:57

What contract would that be?

Childminder doesn't have a written contract, either.

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Mumpbump · 02/03/2007 13:59

Well, if there is no contract, then you're unlikely to run into difficulties... The worst they could do is to try to recover the cost of replacing her (ie. any recruitment fee they incur) but since they would have to show that she would never, ever have left otherwise, I think that would be difficult for them.

ScottishThistle · 02/03/2007 14:00

Is that really a problem?

I can't see why a nursery worker couldn't just leave her work, giving required notice & start working for a family who's child attend the nursery!

Eleusis · 02/03/2007 14:07

It's because nusery don't pay very well. So, they have a problem with families pinching the staff and taking them on as nannies. So, most nurseries wriote into the contract a penlty if you hire on of their staf within say 3 months of leaving the nursery. This is very common.

HappyDaddy, don't you have a contract with the nursery? If you don't then they can't claim anything from you. And you also wouldn't be required to give them any notice. But, I'd be very surprised if this is the case.

HappyDaddy · 02/03/2007 14:21

Ok, thank you all very much. Now to find out if there is a contract, without arousing suspicion. I can't remember.

Also need a better job to pay for nanny!!

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ScottishThistle · 02/03/2007 14:26

Ah ok thanks for teaching me something!

Perhaps she could do a temp position for 3mths then come & work for you?

Eleusis · 02/03/2007 15:41

Didn't you say she is a childminer? If so, you are sorted. (though I much prefer to think of you as in the "fuppy shipple" )

You just can't be her employer. But, there is nothing to say youcan't be her client. Get her to bill you as a childminder for a few months, then bring her onto the books as a nanny.

Gordon will never know.

HappyDaddy · 02/03/2007 15:46

Do you mean have her cash in hand for a few months, first? Won't that get me in fuppy shipple with Gordon?

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Eleusis · 02/03/2007 15:50

I mean pay her as a childminder and have her spend most of the day at her house. (assuming here that she is a registered childminder)

DarrellRivers · 02/03/2007 15:52

We poached our nanny from our nursery.
she was unhappy there and unlike London, there was no clause in our contract preventing us from doing this.
I am however still unpopular with nursery owner
can however live with this

HappyDaddy · 02/03/2007 15:55

Staff turnover at nursery is very high. Every september new apprentices are brought in and the older ones who should get a proper salary are binned.

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DarrellRivers · 02/03/2007 15:56

if nurseries can't value their employers , it is sad, and they deserve to have staff stolen

HappyDaddy · 02/03/2007 15:58

I agree. I just want to avoid any legal grief from nursery once we nick her!

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Eleusis · 02/03/2007 16:07

HD, have you considered a nannyshare? Where are you? If that's feasible, you could have the other family employ her for the first 3 months?

HappyDaddy · 02/03/2007 16:08

Like i said, it's only cos we already know the girl that we're even considering it.

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Eleusis · 02/03/2007 16:10

I know, silly man, but she could be the nanny you share. So you just need a nearby family with compatible children.

HappyDaddy · 02/03/2007 16:11

She doesn't want to do nanny sharing. She wants to do one on one care.

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HappyDaddy · 02/03/2007 16:12

Silly man? Why I oughta...

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Eleusis · 02/03/2007 16:12

Are you from Chicago?

Ladymuck · 02/03/2007 16:12

I'll be amazed if the nursery don't have a contract with you - as much for your sake. If you don't have a contract then why do you have to give notice.

ScottishThistle · 02/03/2007 16:13

I meant could she take on another 'job', for a friend or such like for the first 3mths if that's the time period concerned?

HappyDaddy · 02/03/2007 16:15

First I need to find out about contract, I certainly don't remember signing anything and don't have a copy.

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DarrellRivers · 02/03/2007 16:20

where is said nursery?