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Nanny off sick with depression

9 replies

FionaSR · 30/10/2011 12:57

I am unclear what to do. My nanny is off with depression following a suicide attempt. I have been unable to speak to her and have had texts and one call from her parents who say as depressed she cannot speak to me. They have said she will be signed off for another month.

I have no idea what her thoughts are as have not been able to speak to her. At one point they said they had taken away.

I worry that she will not be focused and so may lack the attention span required to look after my 3 year old.

This is the link to the other post on this subject.

www.mumsnet.com/Talk/childminders_nannies_au_pairs_etc/1329473-Nanny-off-with-depression?msgid=28196758#28196758

OP posts:
KatieMortician · 30/10/2011 13:32

What contractual arrangements do you have for sick leave? Also you need a copy of her sick note to know what is happening and to claim back any statutory sick pay you may need to pay out. Do you use a payroll company like NannyTax? They will be able to advise too.

What arrangements have you put in place for the short term, are you considering changing childcare provider to nursery/childminder and how long has she worked for you?

I employ a nanny so I do understand the emotional and practical concerns as well as the legal and moral obligations.

FionaSR · 30/10/2011 13:41

Katie, I'd really appreciate any advice She has been with us since the beginning of the summer.. Yes we use nanny tax.

We muddled through for a bit now have a temp for short contract.

Sick note says severe depression. It has run out and another is being posted.

I cannot move to a nursery because of work commitments.

OP posts:
flowery · 30/10/2011 13:57

I've read your other thread and you sound clear that you don't want this nanny back. It's ok to say that rather than dance around the issue. I get that a lot, I advise small businesses on their employment issues.

I have a nanny too and I don't blame you. I wouldn't be happy keeping her on myself to look after my 2yo.

As she's been with you less than a year she can't claim unfair dismissal unless there's a disability issue. As has been discussed on the other thread, there is a possibility this may be considered a disability, however it's very early days for that.

If I'm honest, in your shoes I would take the small risk of a disability claim and would dismiss her. It sounds unlikely she's going to be fit to work in the near future anyway and as a very small employer you would not be expected to keep someone on the books for months as a larger employer might be.

You could go through all sorts of palaver about writing to her doctor, getting her to see an occupational health specialist to establish the likelihood of her returning to work etc, and a business would be expected to do those things. But I don't think a private employer in your shoes would be - it's about being reasonable and what counts as reasonable behaviour does vary according to the size and resources available to the employer.

There is a risk, but I think I would take it. Write nicely saying that in the circumstances with her signed off sick for a long period of time and in a state where she is not able to communicate with you at all, you don't feel it is likely she will be in a position to return to her job in the near future. You need consistency of care for your child rather than a succession of temp nannies while you wait to see whether she will be able to return and on that basis reluctantly you feel you must terminate her employment. Pay her her month's notice in full, pay her any holiday she is owing, offer to provide a reference to future employers as and when she is ready to seek alternative employment and offer if there's anything at all you can do to help she should ask.

That's what I'd do.

FionaSR · 30/10/2011 14:24

Flowery: thanks for that.
I am not at all sure what I want to do as I like our nanny and have no wish to add to her problems but the longer it goes on the more i think that I honestly don't think I can go forward with her. I am concerned that I have heard nothing from her so it is difficult.
If I pay her notice is it SSP for the notice period and then I can make an additional voluntary payment or is it at her standard pay rate.

OP posts:
KatieMortician · 30/10/2011 14:29

I agree with Flowery. I couldn't get to the other thread before so I wasn't sure if you felt an obligation and wanted her back. I can completely understand why you wouldn't. I too would put my child's welfare first. If it makes it easier think of it as a capability issue: if she's not able to look after herself how is she going to be able to look after a child?

Less than one year's service I would terminate in exactly the way Flowery describes.

KatieMortician · 30/10/2011 14:31

Pay her notice at the usual rate.

FionaSR · 30/10/2011 14:32

Sorry just realised you have said full pay so answered my question already. Thanks.

OP posts:
FionaSR · 30/10/2011 15:03

Katie and flowery. Thank you.

OP posts:
KatieMortician · 30/10/2011 16:01

You're welcome. Good luck Smile

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