after-school nanny - is this a sackable offense and if not how to handle it?

[bossykate]

our after-school nanny has been on holiday in her home country for the last four weeks - this was agreed as pre-existing holiday when she joined us, even though it has not been particularly convenient in that it has not coincided with any family holiday. i texted her yesterday asking her to pls remind me what date she was coming back (thought it was in fact yesterday tbh - the four weeks being up) got a very apologetic text saying that due to lots of problems with husband's car (they drive there and back) and having to order new parts from out of the country they are not able to come back until 31st August - an additional two weeks off.

i was absolutely furious last night when i got this. i haven't yet replied. h no help at all - actually we can manage for another couple of weeks. but as far as i'm concerned that's not the point. to me this is a sacking matter. otoh, i could give verbal/written warning or dock pay (dodgy legal ground?). contract explicitly states amount of holiday and that there is no entitlement to unpaid leave.

nanny is excellent - but think we have gone beyond that, iyswim.

please help - wwyd?

thanks in advance

I agree with OMP! I think trust and reliability are key in any occupation and your nanny has let you down on both counts. You'll find another nanny who will treat her job a little more respectfully and actually turn up/communicate. And your little one will love her and play with her and have a fabulous time! FWIW you sound like a considerate and flexible employer, which is a very good thing. Keep all the texts etc between you and nanny, and like someone else said tell her she has a choice: be at work on Monday or her job will be advertised as available for someone else. A two week vacation is one thing, but to take several weeks off and be incommunicado when she is supposed to return really does suggest she doesn't want to come back. Either that or she has total disrespect for you as her employer. Neither one is worthy of hanging around waiting for her to come back.

thanks everyone, i'm very grateful for the support and advice i've had on this thread

mummypoppins and harrietthespy, i know you have had your issues in the past, so your insight is very welcome.

nannynick, always the voice of reason.

thanks very much for all responses

OK so this is what i have replied to nanny.

Dear Nanny

Thank you for your text. I have been considering my response. If I understand your text correctly, you are telling me that you are taking an additional two weeks of unauthorised holiday. I would like to remind you that your holiday entitlement stands at 28 days including bank holidays and that your contract states there is no entitlement to unpaid leave. I look forward to your return to work on 1st September so that we can discuss the situation further.

Best regards,

BossyKate

i will consider what to do on 1st Sept - verbal or written warning. will not terminate then, but think nanny might flounce when challenged, so will be looking asap after holiday.

i am very grateful for the wise advice here.

thank you all very much for your help

hi AN - no i haven't been around for a while pperhaps it's time for another meet? i haven't seen legalalien around much either.

hi ladymuck - thanks very much for your post. you've always been very kind and helpful. i'm not here on mumsnet very much any more but have been thinking for a (long) while that i should CAT you with a lunch invitation. we are only a short jaunt away on the A23 (!)and i thought it would be nice to meet in person. i'm off on hols so it wouldn't be for two/three weeks.

Would love to - you're one of the MNers I try to keep an eye out for, so the stalking is mutual!

fantastic, look out for something when i am back from hols in a couple of weeks.

Oh my gosh, I didn't think anyone was paying attention to my moaning!

BK , did i read your last post correctly, are you going to be away for the next couple of weeks. what is your nanny going to be doing for those two weeks , are you leaving the children behind. did i read your post wrong?

hi everyone

back from holiday now so here is the update for those who can't bear the suspense updated that thread.

i responded to the news as i said above and nanny came back to work on tues as she'd said and we had The Talk.

as i think i made clear, i didn't/don't want to sack her at all - even in the couple of days she has been back, and with all the baggage of this holiday crapola, she has been super fantastic again. (yyyy - when it all goes to shoite and am i looking for advice on her replacement you can all tell me you told me so )

so, having decided to keep my powder dry, i looked at my contract and my disciplinary procedure states verbal warning then written etc. i realise i could have escalated beyond contract terms but since (emphasises) i don't actually want to get rid of her thought this would be face saving option for all parties. so we had The Talk with me getty Heavy re Unauthorised Holiday and Unpaid Leave and Shocked and Disappointed and This Must Not Happen Again. We agreed she would not be paid for unauthorised holiday with me putting it in writing this This Must Not Happen Again and No Entitlement to Unpaid Leave despite this one time etc etc.

yes i think i am running a risk with her now but i am not in a position to fire at will right now and yy i could be making a rod for my own back.

reading this back, i am sounding a little defensive - please be assured that i am very grateful for the support i have received even if i have chosen not to act on the majority view - for now.

thanks to all for your kindness

Hi LadyMuck

Just to let you know I have CAT'ed you.

BK X

oh thanks for the update, I saw this again a few days ago and wondered what had happened it's always frustrating when you don't hear anything isn't it

Hope the holiday was good and you have been having a break for good reasons, are you pback now or just popping in?

hi 1dilemma

thanks for your interest

yes i always get frustrated when i don't find out what happens in the end so i try to post an update when i can

i don't know about being back as i was never away

weeeelllll, let's just say i find it easier to lurk than to post these days - but then threads like this one are so heartening.

I'm not surprised this was your decision. It's really tough to recruit for after school only, I have two friends at DDs school really struggling to find a CM or a nanny who can do this. Hope she is settled/committed now that she's back and you can get on with things!!

whoops just realised I never posted any useful advice
I don't have any actually sorry!

Here's hoping your nanny takes this as a bit of a wake up call, I gather the job market out there is worse for nannies than it has been