Advice needed: Nanny disciplinary procedures

[Mama05070704]

Hi all,

I’m looking for some advice regarding the correct protocol for disciplining a nanny as I want to ensure I handle it correctly, and more importantly, legally.

For background, she’s been employed by us for 5 months and despite experiences in nurseries, she didn’t have any actual nannying experience. She knew it would be a challenge (we have 2DC aged 1 and almost 3) but she assured us she was up to the challenge.

We had to give her a verbal warning at the end of her first week for various reasons, including bringing her friend into our house and covering our brand new Bugaboo in mud and not cleaning it. She apologied profusely, told us she’d made a stupid decision inviting her friend in without asking and said she just needed to find her feet.

Fast forward to now, aside from a few things I’ve had to pull her up on (repeatedly) i.e. not brushing the children’s teeth, not giving the medicine, vitamins etc., I thought things had improved. It’s improtant to note that these things are part of her contract and we don’t expect her to clean the children’s room, wash their clothes etc.

On my way home from work this evening, I get a call from my husband after our neighbour called him in for a chat. Said neighbour has witnessed our nanny, along with several of her friends, in a community facility where we live (she’s only allowed in there as she’s employed by us so would have had to sign these friends in) doing the following:

• not supervising the children; she had her back to 2yo playing in the soft play the whole time she was there (4+ hours)
• lost sight of 13mo (who she’d put in a walker until aomeone shouted to notify her where he was, at which point she turned back to her friends without going to get him
• one of her friends pushed the walker which whipped the baby’s head back, leaving him crying and holding his neck - at no point did she attempt to console him, instead leaving him crying whilst she went back to her chat
• she’d also put food on the tray of the walker so wasn’t supervising him whilst eating - he also has no teeth, which she’s aware of
• complaining about my parenting skills and apparent lack of discipline - she made a reward chart for eldest DC which she hasn’t been consistent with i.e. we go for days without her addresses him getting/not getting a sticker so she then adds 3/4 at a time. Personally I don’t see how this aides behaviour for a 2yo, which apparently means I’m soft on discipline.

The comments she’s made don’t bother so much as the lack of supervision. It makes me question how she is with the children when we’re not around and how safe they are in her care. I’m going to call for some legal advice before she comes in tomorrow morning but I wondered if anyone had dealt with something similar and how you managed it. At this point, I want to tell her to get out of my house and not come back but I also know that legally, that’s probably not an option.

Any advice would be much appreciated!

You need to say what country you are in as it doesn't sound like the uk and legal advice differs country to country.

Do you have a contract drawn up and a legal package? I have one with the payroll company i use. Whats her probation period?

As far as I know if she has been employed for less than two years she can be sacked for any reason or none. So you can sack her, pay her in lieu of notice and not have her back in your house again.

Also maybe post in the nanny section for more relevant advice.

Which country you are in is important as laws vary.

Generally you follow a procedure which is often written in your contract. Verbal warning, written warning, 2nd written warning followed by dismissal.

In the UK you can dismiss someone within the first two years for almost any reason, so long as you are doing so by giving notice as per the contract or pay in lieu of notice.
So it's more about the procedure you go through - you tell them you are unhappy, give opportunity to improve, reevaluate, then terminate the agreement.

We are in the UK and have a contract which was drawn up by the payroll company that we use. The facility that she was in was a community centre used by military personnel and their families.

If you are in the UK and have a good contract I'd be lining up her replacement now. With under two years service you don't need to go through full disciplinary procedures though would need to pay out her notice period and any leave she has accrued, unless she's done anything that would count as gross misconduct. We've only had one bad experience out of four and that was also my first nanny - in the end we lined up the replacement and didn't make the first one work her notice, as we just wanted her gone and didn't want her to be (more) grumpy with the kids, I think it's better.

Especially if you are doing everything properly with payroll etc there are many great nannies out there who will be so much better. Good luck.

(should add that we did pay the first nanny her notice, just didn't make her work it - expensive but worth it)

Get proper legal advice.

Whilst this may all be true, I’d advise you give the nanny chance to have her say before dismissing. She can’t take you to a tribunal, but it’s the right thing to get her side of the story before making a decision.

I'd just provide the safety information, Instruction, Rules and policy in the home and in additional, I'd also tell and explain my expectations upon hiring them. Don't forget to take them, a tour in your home and give her an emergency plan just in case something happens.

Ignoring child is gross misconduct

And letting friends into complex if you said no

Tho tbh all jobs I’ve been in I Havnt asked permission for people to come over. I discuss at interview

Usually say if you trust me then trust my judgement who I invite to your home

Are her friends other nannies with the children they look after or a bunch of random mates?

If the latter that's absolutely wrong.

Just random friends @iMatter, I wouldn’t have minded if it was other nannies.

So she's hanging out with her mates while you're paying her to look after your child?

Nope.

We had a nanny who we subsequently found out used to take my kids round to her boyfriend's house (they were tiny, couldn't yet talk) and she used to plonk them in front of the tv.

Her feet did not touch the ground.

I'm trying to imagine a situation where it would be ok for one of my employees (office based) to bring her/his mates into the office to hang out with them during office hours. No. I can't.