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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

New nanny's a smoker!!!!!!!!!!!!!!!!!

70 replies

ziopin · 26/06/2007 09:11

Hi, I've just employed a new nanny to start in September. She is lovely and did very well in her interview.

She has since come to the house to get to know us all a little better. As soon as she walked through the door I could smell smoke on her. I asked her if she smoked and she said she did, but would never smoke in front of my kids! She only smokes in the car (when the children are not with her) and when her little one is having an afternoon nap!

I dont want my kids travelling around in a smoky car and smelling of fags!!

What to do?

OP posts:

Are your children’s vaccines up to date?

Set a reminder

Eight · 26/06/2007 09:13

I think your concerns are perfectly reasonable.
Can you apply the non-smoking law after July 1st - if she uses her car for work and takes the children in it, then could it be classed as a workplace?

Original poster

ziopin · 26/06/2007 09:18

We live in Wales, that law alreay applies here. Thats a very good point!

This really puts me off though, what if she is sneaking out for a quick cigarette while my ds is having his afternoon nap. (and how would I know that she is doing this!)

Not happy!!

OP posts:

2shoes · 26/06/2007 09:19

i am a smoker but would never smoke in a non smokers house or car. think eight is right the new law should protect you

paulaplumpbottom · 26/06/2007 09:19

Did you ask her about it in her interview? If not then doesn't the fault lie with you?

Original poster

ziopin · 26/06/2007 09:21

No, I didn't ask her at interview, maybe she could have mentioned it though!

She is on a temporary contract (2 weeks) to start, would this justify giving her the heave hoe!!

OP posts:

Eight · 26/06/2007 09:22

sorry for my assumption re England, ziopin.
Does her contract mention smoking?
I think it should certainly be adapted so that she cannot smoke before she comes to work, or during the day when she is at work.
ie: only in the evenings after she has finished work, and when she is away from your property.
If she uses her car to take your children out, then she shouldn't smoke in there either, IMO.
If she isn't prepared to put the welfare of your children before her need for a cigarette, then perhaps she is not the nanny for you?

paulaplumpbottom · 26/06/2007 09:23

You are responsible for the content of the interview not her

Tutter · 26/06/2007 09:23

agree it should have been covered off in interview and contract

Pixiefish · 26/06/2007 09:24

If she's on 2 week trial then you could get rid of her for it. TBH it'll be all over her clothes etc won't it. I wouldn't want a smoker looking after my kids

Eight · 26/06/2007 09:25

I'd start looking for another nanny, tbh.

MrsFish · 26/06/2007 09:25

I wouldn't have a smoker look after my child to be honest. If she is only smoking in the car she shouldn't really reek of smoke surely, so she must be smoking more than she says... also I can't imagine her going all day without one, can you? Its a pity that she has this fault if everything else is spot on

Even if she doesn't smoke in front of the kids, she will have it on her, which will in turn transpose onto your kids clothes, you don't want that do you?

I would say give her the two weeks and see how it goes, if your kids start smelling of smoke then get rid imo

Original poster

ziopin · 26/06/2007 09:27

Exactly Pixiefish! Dont wont my kids smelling of smoke (albeit stale smoke) Yuck!!

OP posts:

Ceolas · 26/06/2007 09:28

You have to weigh it up. Pixiefish says "I wouldn't want a smoker looking after my kids" like being "a smoker" makes you unfit. Until recently my Dad smoked. I would absolutely trust him to look after my kids. He wouldn't smoke near them but they knew Grandpa smoked and that smoking is bad for you.

Anyway, what I'm trying to say is that you didn't ask her if she was a smoker and hired her on the strength of her other attributes. If she's prepared to accept the rules over where and when she smokes I'd at least give her a chance.

gess · 26/06/2007 09:35

I'd rather a smoker who ticked all the other boxes, than someone who didn't smoke but I didn't warm to or gel with.

What would be the problem with her having a cigarette whilst your little one napped? If it was outside the house obviously.

She's said she never smokes in front of the children. She won;'t be smoking in your house, there are laws regarding cars if they're used for work, but other people (there's a website that sets it all out very clearly- have a google).

If you don;t want smokers working for you then you need to check the legal position on discrimination then advertise for non-smokers if you can.

edam · 26/06/2007 09:39

Agree with Gess. As long as she doesn't smoke around the children, or in the car she uses to transport your children, then there's really no harm done. There's no evidence that smoke on someone's clothes does any harm at all to children but it would be reasonable to ask her not to have a cigarette immediately before work - tell her you could smell it on her clothes.

Katymac · 26/06/2007 09:46

The legal position is (according to the JC) that you cannot discriminate against something a person can or cannot do that is not within their choice

ie you cannot discriminate against someone who can't drive or who doesn't have a car (because they maynot be able to affford car/lessons)

or for their age or for their size

But you ca discriminate against something they do by choice

eg smoking, drinking, taking drugs

I was surprised by this - but it was advice from the Job Centre

I'm not sure smoking is a choice - but apparently according to the JC it is

slayerette · 26/06/2007 09:50

I think smoking is a choice - in that presumably all smokers chose to start smoking - compared to, say, discriminating against someone for being dyslexic or being male/female (since we have no control over these sorts of things.

Eleusis · 26/06/2007 09:58

I do think it was a big oversight on your part not to have asked this in the interview. However, Paula, I think you are being a bit harsh.

I would add a clause to the contract stating thaat she may not have a cigarette during work hours... EVER! I would most certainly not limiti it to "when in fron tof the children" or you are right that it will encourage her a to arrange for the children to not be in front of her when she wants a cigarette.

I personally would not hire a smoker to look after my kids, but I realise that since you are in Wales youmight not have an abundance of applicants to choose from. So, you might be willing to put up with this so long as she doesn't do it at work.

Now, regarding the car, I think I would say my kids don't go in it. How much of a problem will this pose? Can she get around on public transport?

fortyplus · 26/06/2007 10:03

I hate smoking with a vengeance, but it does seem a bit holier than thou to say that a nanny shouldn't be a smoker. I would make it quite clear that you will not tolerate smoking at any time during her working hours, but agree with those who said that if you feel strongly then the onus was on you to ask the question at her interview.

Original poster

ziopin · 26/06/2007 10:05

No, that would be a problem. She would need to use her car to ferry the kids to school.

I'll put that clause in her contract, and make it perfectly clear that smoking is prohibited during her working hours with us. I'll be bloody fuming if I smell some on my kids!!

Bring back the CAB nanny, all is forgiven!!

OP posts:

Eleusis · 26/06/2007 10:12

You should also put that smoking on the job is grounds for immediate dismissal. God knows how you'd ever prove it.

NannyL · 26/06/2007 10:13

i dont smoke and i HATE smoke btw.

I suggest you provide a car for her to use while on duty and have it in her contract that she never ever smokes during work hours... and if you want to be brave have it as a reason for instant dismissal.

Smoking kills and passive smoking kills .... there is no way i would allow anyone smelling of smoke to look after my own kids either.... end of.

A lesson for all mums to ask at interview if their nanny smokes!

In the same way that you as an employer can smoke in the house that is our (a nannies) workplace.... im sure a nanny can smoke in her own car

In one of my contracts i had that i was never ever allowed to take my charges into any atmosphere with smoke.... ie if a cafe was smokey i wasnt even allowed to tkae the chidlren in... didnt bother me as i hate smoke!

mozhe · 26/06/2007 10:17

Hmmm....there's a fair amount of time 'til september...if it was not something you knew about when you offered her the job then I would tell her hat you have changed your mind....smoke lingers about the person...check the legality of letting her go first though...it might be the impetus she needs to give up ?

fortyplus · 26/06/2007 10:17

If she's ferrying the kids as part of her contract then her car is a workplace and she can't smoke in it. Trust me - I work for my local council!

fortyplus · 26/06/2007 10:19

Though if the car stinks of smoke because she smokes in it away from work you can't do anything about it. Smelling of smoke is not an offence!

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