WOW - had a huge row with 1/2 of nannyshare

[Starberries]

I've been having problems in my nannyshare job since the outset 2 months ago, with the culmination that last weekend I had a chat with the family I wasn't getting on with. I told them about the difficulties I was having and we agreed to try things for another week then get together again.

We've also had some issues around the contract - there were a few bits I wanted changed, they said 'ok' but never got round to it, hence it hasn't been signed. I decided I'd give them the 2 weeks notice in the contract anyway.

Yesterday I spoke with the OTHER family (the ones I get along with just fine) and said I didn't think things would work and where do they stand on either employing me separately or finding a new family to share with - they wholeheartedly wanted to keep me (great news!) and said for me to have a chat with other Mum today.

She rang and said 'Well, X (other mum) just rang me and apparently you've all been conspiring against me, so there's no need for you to come in next week. And since you decided you never wanted to sign a contract, there's no need for us to pay you anything else.'

I feel like I've been dumped!

OH! Her child was also extremely fussy/clingy the whole time I had him (and was having an ill effect on other child), I tried to settle him these past 2 months, and it was a point of contention throughout the share. I asked X's mum SEVERAL times about how to settle him, tried different things, extra cuddles, tough love, distraction, you name it.

In her 'dumping speech' she also said 'I don't think your approach was right for X. You just weren't good for him. Not warm.'

This has been handled terribly (I have done lots of nanny shares) by all of you tbh and you need to move on now and decide what to do.

The other mum - the one you say you like - was out of order speaking to the other mum like that

By all of us??

I'm not sure how you see it that way? I've been speaking to the Mum I've had problems with since the very beginning about trying to sort things out. Things haven't materialised - it wasn't my suggestion for the other mum to ring her beforehand either.

You for not sorting out the contract and the mothers for many other reasons.

I feel that they owe you money regardless of if you have signed the contract. There is a verbal agreement in place.
For advice, contact ACAS : Monday?Friday, 08:00?20:00 Saturday, 09:00?13:00 ? 08457 47 47 47

Work out how much they owe you and then write them a letter stating the amount owed, including notice period as at this point you have not given formal notice. Or have you given them notice already? If so then it's payment owed to date plus up to the date at the end of that notice you have given.
Specify a date by which payment must be made, prior to legal action being taken.
Look on MoneyClaim.gov.uk for details of the claim procedure.
Claimant User Guide
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Thanks for that Nick. Bit confused how they will still owe, so I'll have a look at the sites - I was planning to give 2 weeks notice today (so from Tuesday).

Agree Fab with your point that I should've sorted out contract sooner.

Well you've been working for them for 2 months, so over that time period they will have been paying you something. Most nanny jobs are paid in arrears... so I would have thought that you are at a point where you are still owed some money for work already done.
Or have they been paying you weekly, thus you have already been paid for all work done?

If there is no money outstanding, then probably far easier just to move on. If money is outstanding, come to an agreement with them as to how much it is and get paid.

Have been paid weekly in arrears so are caught up as far as that's concerned. Had a brief look at some of the sites you posted, it looks like I'd be entitled to one weeks' pay regardless of contract, but to be honest I don't think it's worth the battle.

Thanks though for the info

sorry it didnt work out

think you posted before saying that you spoke to mum you liked and she then told mum you didnt like that you wanted to leave - or have i got you mixed up with someone else

your fault for not signing the contract BEFORE you started

tech you dont have a leg to stand on over fussy mum not paying you

My understanding (althought I guess there could be different rules for nannies but I don't think so..) is that a contract is binding as soon as you begin work - regardless of it being signed or not. THe fact that you started work implys you accepted the conditions in the contract at the time of starting - and the fact that they allowed you to start work means they accepted the contract as it stood too.
I am certain that, if you were in a position of needing to go to court or anything along those lines you would be told that the fact the contract was unsigned makes no difference at all.

In this case that would work in your favour as the notice period will stand and the wages etc. If you want to confirm I would just give an employment lawyer a quick ring and put the question to them. As Nannynick says, if they have been paying you already then they are acknowledging the amount you should be paid in thier actions IYSWIM.

It makes not a jot of difference about signing or not signing a contract. You've turned up, worked, got paid, so you've accepted the contract. Irrelevant now, but for future reference get the terms sorted before you start.

Have been paid weekly in arrears so are caught up as far as that's concerned. Had a brief look at some of the sites you posted, it looks like I'd be entitled to one weeks' pay regardless of contract, but to be honest I don't think it's worth the battle.

Agree, it's not worth the hassle.
Keep payslips safe so you are able to show HMRC what deductions have been made should they ever query things.
If you have split tax code and will now be solely working for the one family, contact your tax office to see if they are able to allocate all your tax allowance back to the one job. Not sure if they will... MrAnchovy is probably best to ask about that kind of thing.

ACAS are cheaper than an employment lawyer - should you feel the need to check on any employment rights things.

An employer has two months (three?) to get a contract in place, so the rights do begin once you start working, even without a signed contract. Strange strange rule.

You're well out of that mess and it's not worth fighting. I'm sure you've learnt your lesson about the contract now. Keep the payslips in case there are queries and move on. But in future don't trust parents in a nanny share not to talk to each other. You've put the other mother in a very awkward position and they may well be friends or have mutual friends.

Could you not work the notice period and just leave them straight away if the mum thinks that they don't need to pay you due to no contract - if she believes there's no contract then there's no need for the notice period either surely?