Need to change Job description for employee (long)

[Trickle]

I employ a P.A. via a personal budget from social services becasue of physical disability. My current P.A. has worked for me for just over a year but I've had a baby in the last month and what was working before is not working now. I had agreed she would not do childcare - I do not need someone to look after my baby, I need them to support me in my parental role. However in the last two weeks I've had refusal to change babies nappy (not a problem this time as we found a way round it but if there was nowhere safe and acessible for me to change her then this could be a massive problem) refusal to pick her up while I am in the shower to comfort her if neccessary (didn't get a shower and won't be able to for the forseeable future with this P.A. DH is having to assist in the evening) funny attitude about attending baby groups and meets.

The word flexible appears in her contract a lot, and I couldn't really specify what I was going to need as a parent till I had been one for a while.

So far I need to add into the specification
To notify me if she has been in contact with anyone ill before she comes to work (she works in residential care and informed me when baby was two weeks old four residents had come down with the flu after she had been at work for two hours)
To assist or complete baby related tasks such as nappy changes, soothing, bathing or anything else I need help with.
To listen to full instructions and to do exactly as asked (I cannot get her to place baby in feet to foot position on her back, she consistently places baby on her side in middle of crib as she is worried she will get her feet caught in the bars :S)
To support me to access social groups such as sling meets, nappacino's, sure start centers, mother and baby groups and any other group/situation I feel will benefit me and baby.
To be aware of health and safety concerns for the whole household, mum, dad and baby (she is forever making mine and her environment safe but causing trip hazards and such for DH)
To respect all property in the house and to be careful to treat things as instructed (she doesn't treat DH's property well at all only mine and she keeps breaking things, I'm struggling to keep up with affording replacements)
To help make things better as regards to mess, to not add to it and to be aware of where things are moved, tidied or placed. To always put things in an obvious place if they must be moved.
To support and be positive about all decisions, actions and choices made by the family and to support us as one whole unit.
To maintain my dignity and independance to the best of her ability (no problem with dignity but it doesn't hurt to have it in there).

There is a further problem in that she works afternoon shifts for an agency so has to finish by a certain time but that is causing problems for me attending certain groups or being able to build flexibility into my day. This was not so much of a problem before, but once again my life has now changed (baby and DH out doing things so we are on our own with her) and am struggling, she would likely have to leave the job if this changed, not a problem as I can replace her - but worried this might be constructive dismissal as it's been ok till now.

I think some of what you ask is fine, but you are asking your carer to do 2 job's carer for you and baby even though you state you are not, as in you are in the shower baby crying, most mums have that, none of us is capable of leaping out with soap in our hair and eyes to do that immediately, but your carer should check baby is safe and help you out to help Your baby.
you also say you don't need childcare but are annoyed she won't change a nappy? just need support with your parental role, forgive me what is changing a nappy if not child care?
supporting your parentla role is aiding you to change a nappy. getting you to change station, making sure everything is to hand.
their hour of work, you employ her for set hours, she has other employment, would you pay her the hours she would miss from the other job? I have no doubt life would be easier for her if you employed her full time in the day

if it is not a problem to sack her and replace her then do it, she has been with you for only a year, that said I can't remember which year the new rule of a year came in, last year or this,

if you are caught by the no blame rule, then make her redundant as in you need a child carer as well, or change the contract with a needed increase in wages.

I do suspect a wind up as she causes trip hazards for DH but not you? who is that even possible as someone who likes to have a disabled person in a work place as I can make it uber safe for all...
think on...

Sorry how is that even possible

If you agreed specific hours with her and she has another job in the afternoon, you can't suddenly decide that you may need her to stay later in order to allow you to attend afternoon groups. That will require a change to her working hours which she does not need to agree to. Also, if it states in her contract that she does not do childcare, it could be interpreted that this means not doing nappy changes etc - very much open to interpretation. Not everyone likes babies or children and she may be struggling with the very different nature of her working environment now.

I think you can ask her about being in contact with people who are ill before she comes to work but what are the implications of this for her/you? Are you going to refuse to let her work that day, or not touch the baby, or something else? It's also somewhat unrealistic to ask of any employee, what happens if you employ someone else whose child is ill, or who visits their sister when she is ill? If you require such a level of control (not clear if this is for your benefit or the babies) then you will need to choose someone very carefully next time around.

There are some areas where you could potentially give her a warning e.g. H&S concerns regarding creating trip hazards, not tidying away properly but it's really unclear what is happening here? How does she apparently manage to keep your environment safe and respect your belongings while seemingly doing the exact opposite for your dh?

it sounds like the nature of the job has changed substantially - hours, baby, etc and as she has been with you for less than two years, it is easy enough to terminate her employment and recruit someone else who matches your requirements.