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Paid childcare

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

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Original poster

Please help!!! Contract of employment - Nanny

37 replies

ziopin · 22/05/2007 12:42

Oh, I'm in a right pickle!!

Right, my nanny is off on maternity leave (as you all know by now)

When she comes back at Christmas, I will only need a part-time nanny. (She is full time now!) I know I'm supposed to offer her the same job back, but she also said that she wants to bring her baby.

I know there are some strong maternity employments rights to be careful of here, she wants me to write it all down for her, her new hours, pay, holidays etc and take them to the citizens advice to make sure she is not being shafted.

What should I write for her new contract that will not land me in a whole lot of trouble?

OP posts:

Are your children’s vaccines up to date?

Set a reminder

Eleusis · 22/05/2007 12:47

slow down.... What's the hurry on the contract? You as an employer need to produce a contract one month after the job starts. Why are you writing it now?

Why don't you make her redundant. Then, months down the road offer her the job with reduced hours and explain at that point that the baby can not come with her.

Eleusis · 22/05/2007 12:50

As an employer, this bit would scare me:

"she wants me to write it all down for her, her new hours, pay, holidays etc and take them to the citizens advice to make sure she is not being shafted"

There is only one reason people go to CAB, and that is to see if they have grounds to get a bit more out of you.

Blu · 22/05/2007 12:51

Bringing your child to work is not the same as doing the job you were doing before you went in ML. She will be changing the terms....
Surely you can give notice that you intend to reduce the hours, presumably because you are working less or child going to school etc...
But I am not a contracts expert at all.

Original poster

ziopin · 22/05/2007 12:59

Oh, its all a bit scary.

Basically I think she knows that she has the upper hand in this situation, with her enhaced employment rights.

She has always been a tricky fish (I am still waiting for the proof of the bank charges!!)

I'm a bit concerned by writing it all down, would rather agree this verbally first (Do you think this would be ok?)

Can I make her redundant? what with her being pregnant and all, as I still need to employ a temporary part time nanny when shes off on leave.

Bloody confused

OP posts:

Eleusis · 22/05/2007 13:06

Oh..... this is the mysterious bank charge nanny. Right, assume she is taking you for a ride because that IS what she is trying to do. If she asks you for the contract in writing, just be wishy washy and tell her you haven't decided on the terms yet, but you will do so when the job begins. YOU are in no hurry. You can decide later if you want to. She is looking for evidence to take you to court. Don't give it to her.

Am I right in assuming you don't really want HER to be your nanny anymore?

What are the dates for which you will need to hire a temporary nanny? How old are your kids? How many hours, etc.?

fifilou · 22/05/2007 13:07

sod writing it all down for her love, its her responsability to check out her entitlements.

i'm going to have a chat with someone at PANN for you, they know all the legal ins and outs.back in a mo......

Aloha · 22/05/2007 13:09

Didn't you start this thread elsewhere today?

Eleusis · 22/05/2007 13:10

Aloha, I think I revived her older thread. She only started this one today after the other had died.

My fault. Sorry.

Original poster

ziopin · 22/05/2007 13:12

Year this is the same nanny. Its a real bllody shame, because she gets on very well with the kids, but can be unpredictable and unrealiable!

She starts maternity leave in July and hasnt given me a date of return. I need to hire a new temporary nanny from the start of september.

DD is almost 5 - so starting full time school in Sept, and ds is almost 3, and starting p/t nursery 9.00 till 12.00 in september too.

We only need a nanny for 22 hours per week. Its a term time only job, but nanny would get paid the 22 hours per week for the holidays too.

Thanks Eleusis, your brilliant at this!

OP posts:

Aloha · 22/05/2007 13:13

I posted on your other thread as did other people. You don't have to give her the same job back if the same job doesn't exist.

Aloha · 22/05/2007 13:14

You should get rid of her. She's a PIA.

Eleusis · 22/05/2007 13:14

What are the terms in your contract for notice? In other words, can you make her redundant with 4 weeks notice?

Eleusis · 22/05/2007 13:15

And what are the hours of the job come September?

fifilou · 22/05/2007 13:22

here you go love!

I found out this :

If your circumstances change and you no longer have a full-time job for hyour nanny, perhaps due to the children attending school full-time or one parent working part-time, and you want to employ your nanny on a part-time basis, you are required to first offer the 'new' position to the existing nanny. If she chooses not to continue working under the new conditions you are still required to pay her redundancy pay, unless she is on a fixed term contract. (She is only entitled to this if shes been employed by your for two years.)

also this:

A woman returning from Ordinary Maternity Leave is legally entitled to return to the same job, on the same terms and conditions, as if she had not been absent. The only exception to this would be if a redundancy situation had arisen, in which case she is entitled to be offered suitable alternative employment.

If you do not give the returning employee her job back at the end of her maternity leave, she would be entitled to make a claim of unfair dismissal to an employment tribunal.

Aloha · 22/05/2007 13:23

And remember, she has no right to come back and bring her baby with her. Me, I'd feel our relationship had totally broken down at this point and simply refuse to let her return with the baby so she wouldn't want to come back.

fifilou · 22/05/2007 13:30

aloha is right, she cant come back with her baby if youre not happy about it.

If youre really not happy with her, you should just say you dont want her to come back with her baby, and hope she decides to find another position.

you know what? There are some really lovley nannies out there and she sounds like a right old money grabber and mess arounder. you have to be happy, you cant just keep her because she makes the children laugh. Unhappy mummy, unhappy children hey?

Why not take charge, and call her in for a chat. tell her the job will be redundant now as the children are at school, tell her youre not happy about her bringing her baby back with her as you want a sole charge nanny not a nanny share, then offer her part time without her baby, and see what she says.

Eleusis · 22/05/2007 13:30

You can make her redundant effective September 1st. Tell her you plan to use a nursery/childminder/au pair combination now that the older child is in full time school. That's it. Job done.

Tell her verbally that under no circumstances do you want the baby returning with her.

Then, come September, you change your mind and decide to hire a nanny anyway. Draw up the terms of this position, and offer it to her. (again not allowing baby to return with her). She will decline the offer and you can hire whomever you like.

When you hire the new employee, write a fixed term contract to protect yourself from being in this situation again.

Also, temp nannies are quite expensive, so by making her redundant and hiring a new longer term nanny, you avoid the increased expense of a temp one.

fifilou · 22/05/2007 13:32

also..... if you say shes unrelaible and unpredictable why on earth are you concidering keeping her on?

Have you ever given her any verbal warnings? written?

fifilou · 22/05/2007 13:33

elusis.....

just wondering...do you employ a nanny?

nogoes · 22/05/2007 13:35

Ziopin, does her maternity leave expire in September or December?

woodenspoon · 22/05/2007 13:46

don't ask if her she employs a nanny; ask her how long they stay...

fifilou · 22/05/2007 13:48

am giggling woodenspoon!!!!!!

Eleusis · 22/05/2007 13:51

Since you asked...

Current one is leaving because her visa is up and she must leave the country. We are all sad that she is going... but nothing I can do to stop it.

My nanny doesn't treat me the way Ziopin's nanny treats her. So I am nice to her. For goodness sake this nanny is trying to charge Ziopin for fictitious bank charges.

fifilou · 22/05/2007 13:54

Visa?

Is she a nanny or an aupair?

we were only kidding!

if you read through my posts you will see I've agreed with you, I just dont want zioplin to get collard by an employment tribunal...........this girl sounds like she knows what shes doing!

there is no point employing someone youre not happy with. Whats the point? but she has to be careful!

Eleusis · 22/05/2007 13:55

She is a nanny. She is Canadian and is here on a working holiday visa. My next nanny, as it happens, is also Canadian.

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