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friend being sued by nursery

32 replies

forevermore · 24/01/2007 13:26

my friend has been threatened with legal action because she has 'ppaoched' a nanny from a local nursery. he child is being withdrawn at the end of the month and the new nanny will start soon after.

apprently she signed a contract to say that if her child left she couldn't employ one of their staff for six month, but she didn't really know what it mean't really. now they have rung her up to say they are seeking legal advice and she will hear from solictor

OP posts:
Are your children’s vaccines up to date?
sandcastles · 25/01/2007 13:52

Ladymuck, I was wondering about that too. So the nanny might come a cropper too.

smeeinit · 25/01/2007 17:46

this happens is nurserys every day! thats life!
i know lots of nannys/cms that have been a nursery worker approached by a childs family.................me being one of them.
i was approached by a parent who asked if i had considered being a cm as she wasnt happy with the nursery and she knew i wasnt happy there.
i never signed anything when i was a nursery worker but the parents signed to say they couldnt employ an ex member of staff for 3 months after theyd left.
in my case i left the nursery to get registered as a cm and the child left 3 months later. another 2 children also left to become my mindees but i did not "poach" them and they did not "poach" me,they simply decided that their child would be happier with me as their cm rather than at nursery.
in this case,im afraid if they signed papers then the parents and nanny could get into a legal case.
to all the people taht think this is shocking and immoral just consider that the nanny would not have considered leaving had she been happy in her job,and nurserys pay such crap money that why wouldnt someone want to earn twice as much looking after one child?!

brimfull · 25/01/2007 17:50

I know of someone who poached a nanny from the nursery and employed her as a full time cleaner to avoid being sued

bundle · 25/01/2007 17:53

of course she knew what it meant

bonkerz · 25/01/2007 18:13

This is a serious matter and i was in a similar position 2 years ago when i left my job as a nursery manager and bacame a childminder. 2 of the children from the nusery came to me to look after and the nursery tried to sue me and the childrens parents. Luckily i never had a contract so they couldnt do anything about me. The childrens parents did finally get the nusrsery to drop the case by stating it was a breach of their human rights and that as parents they had every right to remove their children from inadequate care and place them with whomever they chose. We were lucky. I would suggest your friend seeks legal advice just in case.

bonkerz · 25/01/2007 18:14

Just to add that if she is removing child from nursery due to unresolvable issues then she could use that in a letter to stregthen her case. IYSWIM

uwila · 26/01/2007 08:42

Oh, becoming a childminder is an interesting option. If you are a childminder you are not technically employed by the family. They have simple gone to another business, for which said employee happen to now work.

Love the full time cleaner option.

And, of course, nurseries put this into their contracts because they know they don't pay well enough to keep the staff if they don't threaten to sue the parents. Esecially when the parents have a second or third child.

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