Nanny thats covering for Maternity leave is so much nicer. How can I keep her?

Unless you significnatly change the job description, I don't think you can do much. Plus, you have to offer her first refusal. I am contemplating hiring a nanny again and it's just what you've described which puts me off. How long was she with you before going off on maternity leave?

Surely if she wants to bring her baby she is not fulfilling the original job description so you could make her redundant?

I am sure others mroe versed than me will be along soon, but much tho I love my nanny, I would not let her come back WITH a baby (bringing it to work I mean) after maternity leave. I just dont think she'd be able to do the job properly as it is currently constituted

Completely understand the problem. All I'd say is, my sister is an employment lawyer and quite gung-ho on employers' behalf, and she always advises her clients to tread as if on eggshells made of tissue where pregnancy is concerned.

Get advice - now . My estimate as a non-lawyer would be that you will have to mourn the 'new' nanny, but that you should have a major 'back to work' interview with the old one where you talk about her interaction with the children, new regime re activities/cash etc. She deserves a chance to match up. But get legal advice - now.

You could tell your previous nanny that you have changed your mind about letting her bring her baby now that you have had more time to think about it (and tbh if she wasn't that interested in your kids before she had a baby isn't she going to be even less interested when she also has her own child to look after?). She may decide not to come back. Other than that I don't think you can sack her legally (fortunately otherwise we would all be at risk of losing our jobs when we're on maternity leave).

I think if she comes back to work for you then all you can do is deal with the issues that you have with her. You would be perfectly entitled to ask her to do things in the way the cover nanny is doing them because it suits your children better. You could ask her if she want's to be kept updated on changes while she's on maternity leave, and if she does then you could let her know what your new regime is and what it will be when she comes back. You'd probably have to be very careful to be positive (ie "ds1 has enjoyed xxxx with cover nanny and it would benefit him for that to continue", not "cover nanny is much better than you at xxxx so you'd better shape up").

I agree with Bran. If she can't bring her DC, working for you will probably be uneconomic for her.

But I don't know whether you can withdraw that offer - you need legal advice. Nannytax have a good legal advice service, if you subscribe to them. Or flowerybeanbag hangs out on the employment issues threads, and she seems to know her stuff.

Ziopin,

(Eleusis reaches out and gives Ziopin firm shake to knock some sense back into her)

Excuse me if this is harsh, but you sound dangerously close to putting your nanny's happiness before your children's happiness. NO NO NO and NO!

Tell that old nanny (who is generally horrid and not good for your kids if I remember correctly -- have I got the right one?!?!) that she can not bring her baby with her. Full stop, the job is hers, but the baby is not part of the deal.

She will tell you to f off and you can keep lovely new nanny. Job done. Your children will be happier and at the end of the day what else matters?

Reference previous threads. I think you should reread them to remind yourself what a complete numpty your old nanny is.

Nanny was fuming last night!!!...

Please help!!! Contract of employment - Nanny

Glad to help.

I agree eleusis bring baby to work is not part of the deal.......imagine if it was an office job ! Why should being a nanny be any different. Most nanny employers would only agree to nanny bring baby as a change in the T and C's of employemnt if they wanted to keep her and you clearly do not.

I would just be a bit careful if you have agreed verbally that she can bring baby..........I think it should be in writing to be binding but jsut check that point.

Agree 100% with eleusis - let us know how you get on. Good luck!

Surely anything verbal couldn't possibly be binding.

It's not in writing Ziopin, is it? Please say "no".

Did you agree anything about a drop in pay if she returns bringing her own child with her ?

You would pay less for a shared nanny which is effectively what she is if she returns bringing a child with her each day even if it is her own child.

She may not have considered that part of the deal and it may be uneconomical for her to return if you talk about the drop in pay.

If she says that she can still perform all of her duties with her baby in tow I would seriously question whether she has been putting the required effort and dedication into the role up to now.

It might be worth checking with agencies to see if the rate of pay does differ for nannies who bring their own children with them each day.

A lot of the suggestions on the thread will hopefully, if useful, add up to her deciding not to come back and so you can keep your lovely stand in nanny.

PLEASE get some legal advice. Please, please, please.

It cannot possibly do any harm to get some advice.

If she threatens to sue on the phone, what are you going to say? Exactly? What you say REALLY MATTERS IN THIS SITUATION

PLEASE GET SOME ADVICE

[cf falls to knees in manner of Charlton Heston in front of Statue of Liberty]

I tis very common practice to tell ananny that the job awaits her but baby is not welcome. If she chooses not to return to work then that is her choice, not yours. You are simply maintaining the previous arrangement.

I don't really think you need legal advise to do this, but I suppose it doesn't hurt.

Don't forget to come back and tell us how the phone call went.

er, ziopin - responded to your request for legal advice a few hours ago...

Also you offered her the part time job already yes? But have you written a new part time contract if so do it now and show how what the hours would be and what you expect her to do. Afterschool play dates, help eldest with homework etc etc etc Lots & lots of detail to help her make the decision whether or not she wants the part time job

I agree with Eleusis, tell her you have been thinking about her return to work and that baby is not welcome. You haven't agreed that baby can come with her, in writing, so I think she may have a hard time battling it.
However, if she kicks up a fuss, contact ACAS 08457 474747 and/or an employment lawyer for advice regarding having told her verbally previously that baby was welcome.

Just browsed the ACAS website. Changes to the Employment Contract can be agreed verbally.

So tell her the bad news, and see what the reaction is. Then call ACAS is necessary.

changes to the employment contract can be made verbally that is correct.

However based on what the OP has said, this doesn't sound like a formal variation of what is a written contract between them.

There is no 'custom and practice' here, this isn't something which is currently being allowed, it's a discussion about a future arrangement.

And bottom line is, even if the discussion could constitute a formal variation of contract, there is plenty of time to vary it back again.

I don't think numpty nanny will have a leg to stand on if all she can do is claim a verbal agreement that Ziopin can easily deny.

Anyone considering defending this nanny and her employment rights out to read the links I pasted below and see what kind of nanny she is.