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

42 replies

ziopin · 26/09/2007 09:56

Our nanny is off on maternity leave until Feb. We have employed a new nanny to cover her materinty leave. The thing is the new nanny is so much better than the original!

Have had loads of issues with the old nanny (cannot cook!, spends a fortune on activities every week £30+ and not to mention the £50.00 bank charge!. I would have got ridden but she fell pregnany within a few months of her working for us!

Have told her that she can come back (with baby) at the end of her maternity leave, but now am loving the new nanny!

To top it off, our eldest (13) has said that the old nanny never speaks to him, not ever a hello or goodbye while the new one will spend time helping him with his homework or asking him to come and play football over the park with them.

What to do????????????

OP posts:

HarrietTheSpy · 26/09/2007 11:16

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?


VictorVictoria · 26/09/2007 11:20

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


choosyfloosy · 26/09/2007 11:23

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.


bran · 26/09/2007 11:27

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").


fridayschild · 26/09/2007 11:45

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 · 26/09/2007 11:47

She has been with us for just over a year. It has been suggested to me that she comes back with her new baby on a trial basis (as this will be a new contract) and then just tell her after the 2 weeks trial that it just isnt working out with the baby)

Should just tell her that I'd rather she didn't bring the baby back to work with her.

Funny!! so wants to bring the baby back to work with her becasue, she quotes "I dont want to be a bad mum and leave my baby with somebody when I go back to work!2

OP posts:

eleusis · 26/09/2007 12:11


(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


ziopin · 26/09/2007 12:18

Eleusis you are so bloody right!

Have just re-read those previous threads!

Am gonna phone her tonight, that firm shake has knocked the sense into me)

Thank you so very much for your words of wisdom xx

OP posts:

eleusis · 26/09/2007 12:24

Glad to help.


mummypoppins · 26/09/2007 12:24

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.


Piggy · 26/09/2007 12:26

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


eleusis · 26/09/2007 12:27

Surely anything verbal couldn't possibly be binding.

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


fedupwasherwoman · 26/09/2007 12:43

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.


fedupwasherwoman · 26/09/2007 12:45

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.


ziopin · 26/09/2007 12:46

No, not in writing! Its her pay day tomorrow, so I shall just tell her that after having a good think about it, I've decided that I'd rather she did not bring her baby back with her. My dd is in full time school not and ds2 goes to nursery every morning so having plenty of interaction with other children.

Also, forgot to mention that I have already agreed with her that the job will be part time instead of full time (as I no longer need childcare in the morning) Dont suppose that make a blind bit of difference?

OP posts:

choosyfloosy · 26/09/2007 12:55

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


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


ziopin · 26/09/2007 13:04

Ok, will do, will try to speak to CA. Think that wise advise. Thanks for all your help.

OP posts:

eleusis · 26/09/2007 14:47

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.


eleusis · 26/09/2007 16:55

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


flowerybeanbag · 26/09/2007 16:57

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


CarGirl · 26/09/2007 16:59

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


nannynick · 26/09/2007 19:16

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.


nannynick · 26/09/2007 19:20

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.


flowerybeanbag · 26/09/2007 19:51

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.


eleusis · 27/09/2007 08:36

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.

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