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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

Nanny - terminating contract issue

30 replies

Waterdropsdown · 04/06/2019 19:57

The background - We have a nanny, 40 hours a week (4 days) paid through nannypaye, had a contract all along, pay pension etc, paid going rate, in London. Have employed her since start of 2018 when I returned to work. Twins age 14 months at the time.

The situation - we are moving house to another area over 10 miles away. Nanny doesn’t drive and it’s not practical for us to continue using her. Contract dictates she carries on working for us if within 10 miles. 6 week notice period. We told her with just over 6 weeks notice that we were moving and unfortunately we couldn’t carry on employing her. With exactly 6 weeks notice I have her an official letter. She was upset about this which I totally understand.

We had had a review earlier in the year she asked for a pay rise (didn’t state the amount she wanted but said she thought she should get going rate for nanny share we offered inflation). She asked the plans for childcare going forward and we said just keep it like it is. She then went on to ask for her holidays (2 weeks she picks, 2 weeks we pick). She picked 2 separate weeks in December. At this point we know we will be putting the house up for sale but don’t know the outcome (we were “sold” last year and the chain collapsed so had to go through it all again - she didn’t know about this).

Roll round to now and she has 2 weeks left, she had a new job within 2 weeks of her being given notice (a nanny share) and she told me she had to start the new job 2 weeks before her contract would have officially ended with us. This caused me so much stress because as far as I was concerned a contract is a contract and you can’t pick your notice period. Anyway one of the new mums phoned me for a reference and we sorted out the dates. Now my nanny has asked for us to reimburse her flights for her 2 weeks holidays. We decided we would do this but I asked her to provide proof of cancellation. Today she sent me an email from the bookers with no cancellation just her booking and I’ve asked again and she just told me to phone the booking company. What do nanny’s think and parents? Am I being difficult asking for proof of cancellation? I just think at my work I would have to provide this and she wanted a professional contract and to be treated professionally so that’s what I’ve been trying to do (I’ve never so much as asked her to empty the bin or collect my dry cleaning as only ever seen her as childcare incase anyone thinks she thinks she’s been badly treated, I’ve also not once been home late from work).

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Original poster

Waterdropsdown · 04/06/2019 19:58

Sorry that’s very long!

OP posts:

JellyBellies · 04/06/2019 20:01

I would not pay for cancelled flights. She should hve made her holidays clear before signing contract for the new job

eurochick · 04/06/2019 20:04

Her flights are not your problem. She should have sorted them with the new employer.

YetAnotherThing · 04/06/2019 20:05

Are they flights for the holiday weeks that she picked or that you picked? I think if they’re the dates you picked and you didn’t tell her you were selling, then she couldn’t reasonably plan and incurred expense. If they were days she picked, I think up for debate

Polly99 · 04/06/2019 20:09

I don’t think the cancelled flights are your problem either. But as you’ve said you’ll pay I would want the nanny to provide proof of cancellation.

DeaflySilence · 04/06/2019 20:14

"she told me she had to start the new job 2 weeks before her contract would have officially ended with us"

Given that you were the ones to terminate the contract, thus leaving her without employment, I would expect you to bend your contract 'rules', to enable her to start a new job. Even if that leaves you in a difficult position for two of the six weeks notice period.

"Now my nanny has asked for us to reimburse her flights for her 2 weeks holidays."

I assume you have agreed to reimburse her because, in terminating her contract, you have voided her opportunity of paid holiday, thus using the flights.

Given you have agreed to do it, and she has given you the booking email, I think you should just get on and do what you agreed.

GreenTulips · 04/06/2019 20:14

It’s not clear why she thinks you should reimburse her for the flights?

Can you be a bit clearer

Comefromaway · 04/06/2019 20:15

No way should you pay for cancelled flights. You could try and hold her to her contract but to be honest I don’t think I’d want someone who was that resentful with my kids.

What she should have done was ask nicely if she could possibly not work her notice due to her new job wanting her to start earlier.

RiddleMeThis2018 · 04/06/2019 20:17

What? No! If i’ve understood correctly, she couldn’t get her new employers to agree to the holidays she wanted to go on? That, from where i’m standing, is not your problem.

Fromage · 04/06/2019 20:24

If the flights were in August and she couldn't take holiday so soon after starting a new job, it would be a nice thing to pay towards the flight cancellation fee.

But it's December! And it's not your job to chase up the cancellation! She is pulling a fast one - she needs to send you proof of the cancellation fee, then she needs to pay it, then you can reimburse her. But tbh I would retract that offer. I think she's just trying to get money out of you.

Do you have to pay her redundancy money?

It's fair enough to not let her leave early if you can't easily substitute childcare. I would expect to work whatever notice I was given, same as any job. She had no business accepting a job with a start date she couldn't make.

Chloemol · 04/06/2019 20:25

Sorry it’s not your problem. In the workplace normally when you start a new job you advise them of your holidays and normally they are honoured. If she has booked holidays and paid for flights then it’s up to her new employer to either agree them or refund

Original poster

Waterdropsdown · 04/06/2019 20:29

The flights are for her selected 2 weeks of the year holiday. 2 weeks in December. The new family have told her the weeks don’t work (it’s 2 really annoying weeks basically 1st and 3rd week in December). She asked a week ago and we just agreed to reimburse pretty much because we didn’t want any more issues but with the stipulation that she provide proof of cancellation.
she’s made a fuss about a lot of things since we told her we are moving (things like the kids are too heavy to push in the buggy).

We had very few issues before we gave her her notice. Few sick days and docs appointments but that’s just given when you employ someone. To be honest her behaviour since we have notice has resulted in us getting a childminder rather than nanny at the new house.

OP posts:

Comefromaway · 04/06/2019 20:30

Employers are not honour bound to agree to holidays a new employee has already booked.

Original poster

Waterdropsdown · 04/06/2019 20:30

Ok so the consensus is I’m not being mean asking for proof.

OP posts:

GreenTulips · 04/06/2019 20:34

No because you can’t earrange flights for different dates paying a premium

Or get a full refund

How has she booked flights so far in advance? Most don’t come out until 6 months prior to takeoff?

RicStar · 04/06/2019 20:40

I really dont understand why you agreed to pay for her flights that had nothing to do with you. I would have let her go early in this situation and sorted emergency care / holiday etc for the two weeks so may be the cost is similar. I would just pay her and leave it all behind you.

Original poster

Waterdropsdown · 04/06/2019 20:40

They are defiantly booked I’ve seen the booking confirmation. I just would have thought given she will have 7 months with new employer this year they would have to agree one weeks of holiday that she picks the date of so realistically she should use one set of flights so that’s why I asked for the confirmation of cancellation.

Yeah maybe thinking she was taking the piss a bit. I’m going to re-iterate that I want a cancellation confirmation before i give her the cash.

OP posts:

Original poster

Waterdropsdown · 04/06/2019 20:43

The leaving before her 6 weeks notice is no longer an issue at all. I sorted it with the other mum. It was the nanny who literally said I’m starting my new job on x date and I said but that’s 2 weeks before you finish here and she said well I’ve found the perfect job so I need to start then. I sorted it with the mum she leaves here 3 days early and it’s fine with the other mum of the new nanny share.

OP posts:

Fromage · 04/06/2019 20:49

How much is she asking for? I would think there might be a refund to her of some sort - maybe not the full amount of the flights, but a percentage of them. If you feel you want to (and she can prove it) then that's what you could pay. I'm unclear if she's asking you to pay the full amount of all the flights.

Comefromaway · 04/06/2019 20:51

Perhaps the cost of the flights would be equal to the cost to you of her breaking her contract?

myhamster · 04/06/2019 20:52

You are quite right to ask her for proof of the cancellation , so make it clear that you cannot pay her without this, and then make sure it goes through the payroll (as a non taxable item obviously), so that you have proof that you have paid her.

Comefromaway · 04/06/2019 20:57

It is taxable according to HMRC so you’d have to gross up the amount which will cost you more.

myhamster · 05/06/2019 00:05

I thought if it’s classed as compensation for personal loss, it’s not taxable?

VanGoghsDog · 05/06/2019 00:17

The loss doesn't fall in this employment though, so it's not a loss associated with this employment. I'd say it's taxable.

But then I'd also say don't pay it. Maybe be give her a goodwill gesture towards it. As a pp said, surely she'll get some refund anyway?

Comefromaway · 05/06/2019 07:30

The expense has to have been wholly incurred in the performance of your duties for it not to be taxable.

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