Nanny leaving and wants to break her notice period

[hemhem]

Has anyone dealt with this before? Nanny announced today she wants to leave this week!! Her contract has a 4 week notice period but she has been offered a job overseas and needs to leave on Monday to start with them. I've told her we can't accommodate this but she says we have to as her new employer are demanding it.

You could take her to small claims court. Regarding breaking contract.

Though people don’t often do it. There’s not a lot else you can do. Apart from get her to pay for her contract breaking financially

Well if she flies abroad on Monday then, realistically, what are you going to do?

Sorry

It would be breach of contract through industrial tribunal.

I think there’s a cap though. Plus all that would happen would be monetary wise. It won’t solve your actual nanny problem.

Nothing you can do in practical terms

Unless you threaten a bad reference

Realistically, you can’t stop her or enforce it. You could sue her but are you really going to? And do you really want someone with a grudge against you for causing issues in a new job looking after your children?

Just let her go op, and start looking for other child care. Save yourself the heartache of trying o fight her.

@CreepySpider

Realistically, you can’t stop her or enforce it. You could sue her but are you really going to? And do you really want someone with a grudge against you for causing issues in a new job looking after your children?

Also wouldn't it be quite difficult to sue someone if they're living abroad and you don't know where?

Ask her if she has any nanny friends that can bridge the gap of her leaving.
She’s left you in a bad position but there’s nothing you can really do about it. You can withhold a reference but as she has her new job lined up that’s not going to have much weight.

@MyrtlethePurpleTurtle

Unless you threaten a bad reference

You can only provide an accurate reference with facts in. So you could say she refused to work her notice but I doubt the new family will care

But you can threaten whatever you want. But OP is on a hiding to nothing

Sue her for breach of contract. Will make the silly woman think twice about doing this to other family in the future.

Let her go today. Don't pay her another penny. Use the money for a temporary nanny.

I once stayed past my notice as the family hadn't found anyone else. She's not mature or professional.

@drpet49

Sue her for breach of contract. Will make the silly woman think twice about doing this to other family in the future.

And how much would that cost - financially and emotionally ?! Also she's leaving the uk....

Also, she owes you the rest of the notice period.

Well if she's moving overseas what can do do? Even if you went to small claims court good luck getting the money.

She's not expecting you to pay her the notice she won't be working is she?

It's shit but what can you do? You cannot hold her hostage and it sounds like she's going whether you like it or not.

I'd tell her not to come back when she leaves today but would not pay her another penny. How very unprofessional of her. X

Cut her pay accordingly?

Thanks, I suspected there wasn't much I could do practically to stop her. I can't take her to court if she's no longer in the country and frankly I don't have the time for it either.

It makes you wonder what's the point of a contractual notice period when people can just walk away and leave you up shit creek. God only knows how I'm going to find a new nanny for next week!

As I said, get a temporary nanny. Lots of people do this kind of position. I used to do it.

Thanks Sunshine. I called our agency earlier today, they don't have anyone available for temporary cover at the moment. I'm rural so there's only 1 agency in my area and its not as easy as say London or home counties

Similar happened to us (not with a Nanny) and as was always likely to happen, karma bit back, and the girl in question was soon begging us for her job back. Common sense tells you that if a future employer is dictating terms to that extent, they are not going to be a good, considerate employer - and you'll pay the price.

Not much help to you at the moment though hemhem.

Given that she's breaking her contract what can she do to help you find someone new, even temporary, to cover?

Totally unprofessional

Was she with you for long

And yes I would say in any ref that she left you in the much as wouldn’t work her notice period

What area are you in

Are you on a local fb group uou can post. Often mums /nannies looking on ours

By law she has to be paid for hours worked and accrued annual leave. And no you cannot deduct notice not worked from this, if you did ACAS would be after you and you'd end up compensating her!