Nanny Holidays -- feel I have been used??

[knakered]

We take quite a lot of holidays (6-8 weeks/year) but feel that my nanny waits until these are scheduled to then announce hers - which never over-lap - so she ends up with 10-12 weeks/year and I have to pay for cover in the weeks she is off. How do we get around this ?

Didn't realise we were trying to score points, sorry. I just couldn't be bothered to keep repeating myself. There's nothing illegal in your contract, in what you are doing, and I never said there was! Don't know where that came from.

I was just highly amused at the thought that employment law guidance on a govt website is a series of suggestions, for you to pick and choose. I was also amused that you think your legal contract supercedes employment law, it doesn't. The reason your contract is legal is because it fits within those guidelines perfectly well. No one suggested you were acting illegally! I think what you are doing is perfectly reasonable and legal and have never said otherwise!
I said 'whatever' because I really couldn't be bothered to spell it out anymore, but if you want a more considered, intelligent response, here it is.

People can put whatever they like in a contract, they can sign it etc but it does not mean that the provisions within it are legal, which is why there are statues like the Unfair Contract Terms Act and so on...

Besides, all your really saying is that the employers among should just remember to say no to the holiday promptly.

Your link even says that the employer may choose all of the holiday and apply some to bank hols.

I think I'll write in my next contrat "All requests for holiday are assumed to not be granted unless otherwise stated by employer in writing".

I won't really, I'm just making a point that there are most certainly ways to write the contract so that this right to holiday two weeks after requesting it don't actually apply in practice.

Besdies, as I said before, in my case the holidays are written into the contract and there is no right for either of us to change them.

yes, that is exactly what I'm saying eleusis. I am very familiar with the contents of the link, which I posted because I thought it might have some useful and informative points for both employers and nannies on this thread.

As I post links from that website for people everyday, I'm afraid I had to challenge your comments that you felt it was a 'suggestion' and that the contents of your own contract were more important, it was very important to me that people reading this are aware that that is not the case.

can I clarify - the Govt site says you must give at least blah blah blah notice (as said earlier) but contractual agreements can overrule legal minimums in this case and many others.

"Your contract may set out other rules about when you can take your holiday. This is allowed so long as the rules don't effectively prevent you from taking holiday at all."

The same is true for example of notice periods - there is a legal minimum assumped but you can have a contract applying different terms.

It would be completely impractical in my case as I need to give one months notice to my employer of any holiday of 5 days or more. I would need a nanny's contract to at least mirror that or the children would be locked in a shed in the garden during the nanny's leave if I couldn't get mine approved. I gather thats frowned upon in most circles.

It seems this little debates has brought about one useful point, nanny employers should all take note and write into their contracts what restriction they do want above and beyond two weeks notice for nanny holiday requests.

For example, we will be getting a new nanny in September when DS will be going to school. So, I think I will stipulate that nanny holidays must coincide with school holidays. And that will cover me above and beyond what is said on the now infamous link in case I forget to respond promptly.

haven't seen you around - are you busy?

I can't believe anyone thinks that it is reasonable to give any employer one weeks notice of a week off.

busy busy. I can't keep up with the west lond thread. There is way too much chat. But I do manage to organise some Southwest London meet ups. There one brewing for April if you want to go have a look.

How are you? How's that gorgeous boy?