Nanny - terminating contract issue

[Waterdropsdown]

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).

new employers sound horrible not allowing at least one of the 2 weeks in dec

yes not a great month to have off but they employed jer hopefully knowing she had a holiday booked

they have 7mths to sort out childcare for dec

notice, i feel new emplyers can wait a few weeks esp if nanny has notice, or the nanny may do the same to them, what she has done to you, if she leaves

and no dont pay the flights

Firstly, I don't know why she demanded you pay her nanny share rates because you had twins? That is not on. I have a different rate for my nanny share families and a different rate for when I only have 1 family.

Secondly, you shouldn't have to pay for her flights, it isn't your fault that she now isn't able to go on her holiday, although I have to say I think it's unfair that they can't let her have those weeks off this far in advance, but that isn't your issue.

Thirdly, what should happen, is that you need to work out how many hours she has worked since the holiday year started (mine resets in September) and you need to make sure she has taken enough holiday, if she hasn't then you need to let her take those days off before the end of her contract OR pay her the days holiday instead. It may be that she has taken too many days.

Lastly, although you've solved this issue now, I think it would have been kind to let her start her new job earlier. It is incredibly hard to find employment as a nanny at the exact time that our jobs end, especially with 6 weeks notice. I'm very lucky, all of my families are very flexible. I try to work at least 6 months in advance and my families are always super open and give me months and months of notice if they think something will change. I think it's a great mutual respect and that way we can all work together to find a new family at the right time. But I tend to work in nanny shares so it is sometimes harder.

The flights are nothing to do with you! If the new families have said the dates don’t work for them then they have to sort it out. They can tell her that she can take the holidays unpaid and they get temporary help for those two weeks.

If I went for an interview and the family said that I couldn’t take booked holidays or find a way to work around it, this would be a red flag for me and I wouldn’t take the position.

Thankfully all the families I’ve wanted to work for, worked around it with family, friends and temporary help.

I would seek advice but I think there is no way she can ask this. You followed the contract to the letter. It’s her problem to sort out.

Please tell me you are not paying her for the two weeks she cut short in the notice period!!

Remind her gently that you have agreed to cover the costs of cancellation and not the whole cost of the flights and that she needs to provide the proof.

Specifically,
Confirmation from the new employers that they are not able to accommodate the requested holiday dates, ensure that the dates are included in this confirmation.

Terms and conditions of cancellation of the flight bookings:
a) If the flights can be rebooked, request that she rebook the flights and provide you with the details of the additional costs incurred
b) If the flights cannot be rebooked, details of the cancellation clause and confirmation that the flights have been cancelled.

Give her a timeline to comply.. Gently remind her that you are being reasonable!!