"gross miconduct" -- How is it defined in your nanny contract?

[AtheneNoctua]

There has been a bit of discussion on the nearlynaked nanny thread, and it has me wondering what other people's contracts say in terms of discipinary procedures, espcially in terms of what qualifies for gross misconduct.

Nannies and employers are of course welcome to share their experiences here.

My contract includes the following statement:

Gross misconduct, which may result in immediate dismissal, includes but is not limited to the following:

? Actions which could endanger or cause harm to the children.
? Sexual activity while on duty or in employer?s home.
? Drunkenness or use of illegal drugs.
? Theft or dishonesty.
? Insubordination.

Mine says

includes but is not limited to theft, dangerous driving, drunkenness, illegal drug taking, negligent care of the child/children, child abuse and violent or threatening behaviour (be it verbal or physical).

Another point to make is that the point beyond which behaviour or conduct might be considered as irretrievably breaking down the relationship is probably very different in a nanny-employer relationship than in other more conventional employee-employer relationships.

Something which might be worth a written warning in an office or factory environment might be much more serious when it's a nanny living and working in your home and caring for your children. The trust needed for that relationship to work is different and more significant.

While I'm not an expert on employment law, I would have thought that you are legally entitled to sack someone who is living in your home if you are unhappy with that person's behaviour for any reason. I would have assumed that as long as you give pay in lieu of notice, there is no way you can be forced to continue housing and employing someone you don't like or trust.

I don't think so, madamez. But, that is what makes the contract writing activity such an important one for both nanny and employer.

My contract is a bit different but:

Examples of gross misconduct include (but are not limited to)

? Aggressive behaviour or language towards a child, a parent or a member of staff
? Breach of confidentiality
? Breach of adult:child ratios
? Theft
? Drug/Alcohol abuse

Hadn't thought about sex tbh - don't think I'll add it but maybe something about breaching the terms of our insurance (which would include the driving thingie)

The bit about sex is on there because I once read a (very funny) thread about someone who walked in and caught her au pair doing it on the living room floor.

I have not yet hired a nanny who gave me occassion to rein in that reason for dismissal. And even if she did, I doubt I'd use it.