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Legal matters

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a nanny's rights

10 replies

delusional · 21/08/2010 11:24

My nanny is paid for 18.5 hours per week when she does NOT have my children in her care. During this time she is expected to keep up to date with other chores but there is no way she has 18.5 hours of such work to entertain her and she actually ha her own child with her during that time too. Essentially she is being paid to have a lot of free time with her own child.
Does she have the right to attend toddler sessions with her son during the time I pay her, given that she has a full day and two half days per week when she is not at work when she could find appropriate groups? She is also requesting time off for a wedding (she has no annual leave left) and it is not convenient. What are my rights? I am generally very felixble but recently she has started to be very awkward and demanding I know that I have not exercised my rights as an employer on many occasions .
Any advice gratefully accepted

OP posts:
LucindaCarlisle · 21/08/2010 15:08

Yes, she does have the right to attend toddler sessions.

littledutchchicken · 21/08/2010 15:15

I don't know whether she has the legal right to attend the toddler sessions but I wouldn't have a problem with it providing the school could contact her and she would be willing to come home or stay at home if needed by your children eg if they were ill. After all she is being paid to be available to look after them.

The wedding issue is separate and I'd be inclined to say no to that one. She should have had the foresight to keep some annual leave back just in case she wanted to take it later in the year. It sounds like she's got a good deal in any case.

lifeinagoldfishbowl · 21/08/2010 15:32

I think as long as the duties specified in her contract are fulfilled then it doesn't matter how she spends her time. However I speak as a nanny whose boss is more than happy for me to pop into town on errands or to sit down and facebook with a cuppa when I don't have my charge.

I work a 50 hour week and don't have my charge for 15 hours of this. During these hours I do nursery duties; changing beds/washing/ironing/unloading dishwasher - all that I would do while with my charge.

I also run occasional errands for my boss ie dry cleaning/picking up a few bits from the supermarket, scrapbook photos and update the toybox. At the moment I am using my free time to sort out party plans buying things we need and talking to people to ensure we have what we want/need.when we need it.

However as I said my time is my time and I am allowed to go to friends for a coffee, pop into town and do my own errands, even go back to bed. My boss works over the road from home and although she is out most the day she does pop back sporadically so she knows what I do in the down time and I don't have a problem with chilling in front of this morning if all my duties are sorted.

Bacofoil · 21/08/2010 15:45

What do you think she should be doing in the 18½ hours, once her chores etc are done?

delusional · 21/08/2010 20:54

Thanks everyone for that insight. I didn't really object to her going to toddler sessions or indeed to the wedding. I think I am quite a flexible employer and prepared to overlook many things. As long as she does her chores, I don't really mind if she "does lunch" or whatever with friends and her son. I do however, object to the suggestion that she could take time off "in lieu" of hours worked (perhaps a maxium of 3 in excess of her contract) when she will be spending far in excess of three horus a week paid, but not really "working" in the true sense of the word. I think I am running out of good will. We have always had an informal realtionship (often more to her benefit than mine). Now that she will be leaving us soon she is insisting things are done by the letter of the law. I am happy with that as long as I can enforce the letter of the law when it is just as much to my advantage as it is to hers.

OP posts:
lifeinagoldfishbowl · 23/08/2010 12:45

I do think the 2 things are different to each other though - her being paid and on call is a different issue to her wanting time of in lieu for any over time worked.

delusional · 23/08/2010 13:35

Apologies for confusing things. It's all turning out rather complex at his end too. I think I now have it clearer in my head thanks to everone's input. I think I am right now is saying that:

  1. I have no legal obligation to give time off for a wedding as she has no annual leave left 2)she in not guaranteed overtime and has no legal right to work it. As such, a request for time in lieu in aniticaption of over time is not sound enough plan - and one I don't have to agree to 3)time off in lieu should be at the employer's convenience anyway and as that day is not convenient I think again I have the right to say "no". If anyone knows the above to be wrong please let me know. My problem is that, I have never denied a request in three years (even when it has been incovenient). I recently suggested that a request may not be a simple "yes" due to the inconvenience and it turned so unpleasant on me. I was made to feel like such an ogre and so guilty. She got what she wanted and I am now almost terrified to stand up for myself. I do not want to be undreasonable but at this stage I have run out of good will and just want to exercise my rights too. As far as the toddler seesions go, I never really had a problem with it until she started getting awkard. I wanted to know what my legal rights were, just so I have a stronger platform on which to stand. Thanks for all the feedback.
OP posts:
nannynick · 23/08/2010 19:57
  1. I have no legal obligation to give time off for a wedding as she has no annual leave left

I agree. Employers can refuse to permit holiday requests, even if she did have annual leave available.

2)she in not guaranteed overtime and has no legal right to work it.

I agree.

As such, a request for time in lieu in aniticaption of over time is not sound enough plan - and one I don't have to agree to

Not sure but request for time off does not have to be authorised. However she could take unauthorised absence without pay.

3)time off in lieu should be at the employer's convenience anyway and as that day is not convenient I think again I have the right to say "no".

Yes I feel you have the right to refuse.

However as you have identified, the relationship between employer and employee in the case of a parent and nanny is not as simple as in an office environment. Your nanny could become unpleasant to work with and that could result in issues for your children, which you can't observe.

Disclaimer: I'm just a nanny, not a lawyer.

Haliborange · 23/08/2010 20:07

I would say she has no legal right to attend toddler sessions UNLESS you have permitted this under her contract. Her duties during time you pay her are to do what you ask her to do. Put it this way, sometimes in my job I run out of work. I don't get to hang out with my kids then or go to get my nails done. It's my employer's time and so I am there for their convenience. Obviously a bit of flexibility can help a relationship but you know that already.

You're right on the points numbered 1) to 3) IMHO.

Nb I don't give time in lieu to our nannies. I expect them to be flexible re hours, just as I am under my contract of employment (but of course I do not take the piss). The thing is that because we have greater holiday entitlement than our nanny and as sometimes I am at home early they get the odd hour/days all over the place anyway. In fact one nanny ended up with 40 days off paid in a year. Not bad, really.

delusional · 23/08/2010 21:21

Nannyncik: Many thanks. It is great to get a nanny's perspective and I am very appreciative.

Haliborange- ditto to the flexibility comments. Much appreciated.

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