Terminating Nanny Employment

[3ltlones]

Hello, I was wondering if someone could help with with a difficult nanny situation.
Our nanny resigned and since then the relationship became very disrupted and confrontational .
We have been in disagreement on what is due to be paid to settle the contract.
In particular the disagreement is around holidays count.
In her interpretation of the contract, if she asked for a day off to go to Wimbledon and I have granted it, it would not count as a day off since I have given her permission and as such I should not deduct a day of holiday or I should have warned her that this would have been the treatment of such a day off.
This happened again with two dentist appointments ( she works for us only in the afternoon hence I asked her to make these appointments out of working hours but she said it was not possible). I have then reluctantly granted the day off to attend the medical appointment.
Such disagreement has resulted in her using very inappropriate language via whatsapp calling us petty, dishonest, canny, and devious.
Despite all of this she wants to work her notice.

Do I have grounds to say that she is not fit to work in our household anymore? Would I be able to let her go ( without compensation) ahead of the notice period?
She has six weeks notice and she has so far worked 10 days of the notice.
I feel she is not in a position to provide a decent care for the children and to work alongside me.
Would it be unfair to deny her compensation on these grounds?
Alternatively I can pay her the full notice and ask her not to come to work. It seems unfair especially considering that she has initiated the process. Thanks for your views.

What does the contract say about you giving her notice?

If you agree with her that she should finish earlier than the 6 weeks notice she has given, you could agree that was without pay for the remainder of the notice. If you decide she’s going early unilaterally you’ll have to pay her full notice period as per her contract.

WTF did she think holiday was for?!

How long has she worked for you?

She has worked for us six months on the day she resigned.
I gave her the option both to work her notice or to leave early. She was initially considering to leave us before the end of the Notice.
We then started having this very unpleasant argument of what count as a holiday and our relationship has a result has deteriorated.
I have been insulted repeatedly and I don’t feel now is appropriate or safe to have her in the household looking after the children. She is very emotional and upset and prone to be distracted ( lately she forgot to pick up one of the children from school twice). My point is that she is now unfit to work through her notice.
Question is should I pay her notice is she made with her behaviour unfit to work or not?
Also maybe you can help with another argument we have. I told her in September that we would be away over Christmas. The contract says very clearly that we nominate all the holidays ( we offer above the statutory number ). She is now claiming that because she is not returning home over Christmas and she would be willing to work, such days (7) should not count as holidays and she should be paid.
Having worked for such a short period with us she would have taken more holidays than she has earned, so there would be a negative adjustment to her salary at the end of the employment contract. Such adjustment , however, is such that she would still earn money.

prone to be distracted ( lately she forgot to pick up one of the children from school twice). My point is that she is now unfit to work through her notice.
Question is should I pay her notice is she made with her behaviour unfit to work or not?

The only scenario where someone is legally not entitled to notice pay when their contract is ended is gross misconduct. Only you can decide whether that is appropriate (given the impact it could have on future employment). She can’t bring a claim for unfair dismissal unless she can prove some sort of statutory discrimination (sex, age,race etc) so might not be a massive risk legally but would no doubt set off fireworks you could do without.

Legally, she has a contract entitling her to notice pay if you terminate her contract (in anything other than gross misconduct circumstances).

The contract says very clearly that we nominate all the holidays ( we offer above the statutory number ). She is now claiming that because she is not returning home over Christmas and she would be willing to work, such days (7) should not count as holidays and she should be paid.

She’s chancing her hand with that. Contract is clear. Stick to the contract. Pay her notice and deduct the overtaken holiday from it. more.

Thanks a lot.
I will follow your advice.
Pay full notice, follow holiday count as per contractual arrangement in order to settle the contract.

Her behaviour is gross misconduct , undoubtedly. She would be marched off the premises if she worked in an office and I would terminate her employment immediately. However, as I think someone so unreasonable probably has some unsavoury mates, I would pay her the full notice just to be rid. But not the holidays she took!! Check your legal position with nannytax and keep all messages, screenshot them in case she tries to delete them.

Are your holidays not paid? If you nominate holidays and said you were away over xmas, surely she should be paid for them?

Is something being lost in translation? You nominate holiday days ( as your contract states). I can see why perhaps a day she asks for ( rather than you nominate) could cause confusion.

employers don't have to grant paid time off for medical and dental appointments, although employment Ts&Cs may grant such rights in addition to basic statutory rights. if the contract doesn't specify anything then certainly you can deduct pay for time off taken for those reasons, or require that paid annual leave is used. Citizens Rights Bureau summary

As trust and good will has broken down so much it is entirely appropriate to not accept her looking after your kids during the notice period - you can't entrust your children to the sole care of someone you have this bad a relationship with. however you cannot get out of your legal obligation to pay that notice period in full, and shouldn't try. you still have a duty of care to your employee and putting her in financial hardship by terminating employment without paying notice is totally unacceptable.

Not coming from any legal background. But could you give written warning for misconduct (not picking up children) and write in that if it occurs again it will be deemed gross misconduct and her contract terminated immediately. If nothing else will mean she thinks twice about not picking kids up!

Does she not get paid holidays? In your second question yes she should get paid for them.