Contracts

[chelc1979]

Not sure if this is the right place to post & looking for some advice. My nanny has handed in her notice & now spouting of holiday accrued is not correct & she's had to work overtime which she's never brought up & has been counteracted by her constant lateness!

Anyway she's never signed the contract I have her & looks like she's never read it until now! She's still in her probationary period for another week. She's given me notice & I'm sure she's not going to work it all! In the contract I stated 4 weeks notice & she's given me that yesterday to finish on the 29th August. If she's not signed it& still in her probationary period can I give her 1 weeks notice or sack her on the spot? Or do I have to give her the 4 weeks notice even though it's not signed??

I think during the probationary period notice can be different depending on what is in the contract

In our nanny contact, during probation it was a weeks notice by either party and after 4 weeks

Call ACAS

If you gave her the contract and she carried on working, then that contract applies- the fact that she didn't technically sign it doesn't matter.

If she doesn't work her notice you obviously don't have to pay her for whatever she doesn't work, but if you wanted to be able to give her a week's notice during probation you should have written that into the contract. As for wanting to "sack her on the spot", well words fail me.

Make sure you give her the right amount of holiday as well.