Holiday Pay

[Lucylou64]

Hello, I'm not saying if I'm the Employer or Nanny as I want to see what everyone thinks is fair so I will explain the dilema.

Normal holiday 4 weeks plus bank holiday- 2 weeks chosen by employer 2 by Nanny with an extra clause that Employer can take Nanny out of the Country for 2 weeks as well.

Employer on Maternity leave wants to have 5 extra weeks away on top of the normal 4 week holiday and wants Nanny to work an extra 6 hours a week for the year unpaid to recover the extra 5 weeks she'll be off.

Nanny thinks that she should have to work an extra 108 hours unpaid (2 weeks worth as has been given the option to go away with Employer but has chosen not to) then the other three weeks should be paid as her contract states any extra time the family has away outside normal holiday is paid and any extra time off see asks for is unpaid.

Employer thinks three weeks extra holiday is a lot to give. What does everyone think- I'll be most grateful for your help. Thank you!!

Condensing everything you've said, the contract states that aside from the nanny's holiday pay any time the family do not need her is to be paid. If that is how it is worded then nanny is correct.

Based on the hours quoted whoever you are in this scenario also needs to consider the implications of the Working Time Directive.

What is slightly unclear is whether the nanny can refuse to work abroad for two weeks as that would seem to be what her contract states from what you have said, but she is refusing to do so. The case could be made those two weeks should be unpaid or alternatively she could make up the hours elsewhere but neither party would be obliged to do so.

The three weeks are the extra period and it is not nanny's fault her employer is away. If a business catches fire over the weekend wages are still due.

The Nanny is allowed not to go away with Employer and last year gave up one of her chosen holiday weeks as she didnt want to go away with them so used her holiday entitlement instead of going.

The Nanny is prepared to make up the 108 hours (2 weeks) or take it unpaid.

I'm an employment solicitor. The nanny is correct. Her contract says she gets paid if the family is on holiday outside of the normal holiday time. It seems very clear cut to me