HR Guidance: Changing nanny’s hours due to a child starting school

As children grow and start school, a nanny’s role often needs to change, leading to adjustments in working hours and responsibilities. While this may seem straightforward, it’s essential to handle these changes correctly to avoid legal or relationship issues. In this blog, we’ll explore a common scenario and outline the key steps for UK families to take, as well as what to do if your nanny doesn’t agree to the changes.

The Johnson Family Scenario

The Johnson family employs Sarah, a full-time nanny who works from 8:00 AM to 6:00 PM, caring for their 4-year-old daughter, Emma. With Emma starting school, the family no longer needs full-day childcare. They want Sarah’s hours to shift to 7:00 AM – 9:00 AM in the mornings and 3:00 PM – 7:00 PM after school. This would reduce Sarah’s working hours, impacting her pay. While this adjustment seems necessary for the family, it requires careful consultation with Sarah to ensure the changes are agreed upon and legally compliant.

Key steps for changing a Nanny’s Hours

1. Communicate Early
Inform Sarah about the upcoming changes as soon as possible. Explain why her hours will shift and how this might affect her role. Early communication ensures she’s not caught off guard and has time to consider the changes.

2. Hold a Formal Consultation Meeting
Set up a formal meeting to discuss the proposed changes to Sarah’s hours and responsibilities. During this meeting, listen to her concerns or preferences. Be open to discussing alternatives, such as reducing the number of working days or offering a different schedule. This is also an opportunity to address any potential reduction in her compensation and explore whether the family can adjust her pay or offer other benefits to make up for the shorter hours.

3. Consider the Impact of Reduced Compensation
A reduction in Sarah’s working hours will likely mean a reduction in pay, and this can be a sensitive issue. Here are a few options to consider:

  • Increase the Hourly Rate: If the Johnsons can afford it, they could offer Sarah a higher hourly rate to compensate for the reduction in total hours. This might help Sarah feel that her time is still valued and reduce the financial impact of the change.
  • Offer Additional Perks: The Johnsons could offer non-monetary benefits to offset the reduced hours, such as:
    • More paid time off or flexible hours
    • Additional bonuses for holiday or special occasions
  • Explain the Need for Reduced Pay: If the family is unable to increase Sarah’s hourly rate or offer additional perks due to financial constraints, it’s important to be transparent about the situation. The pay may need to decrease proportionally to the reduced hours, but the family should ensure that Sarah feels valued and appreciated despite the financial limitations. It’s also crucial to ensure that the new rate complies with minimum wage and other legal requirements.

4. What If Sarah Refuses the New Hours?

It’s possible that Sarah may not agree to the proposed changes, especially if they significantly reduce her income or disrupt her work-life balance. In this case, the Johnson family should:

  • Revisit the Discussion: Understand why Sarah is refusing the changes. Are there concerns about pay, hours, or work-life balance? Is there room for negotiation?
  • Consider Alternatives: Offering flexibility, such as adjusted hours or different or additional responsibilities, may help bridge the gap between Sarah’s needs and the family’s requirements.
  • Offer Support: If Sarah is concerned about reduced pay, discuss options like helping her find additional work or adjusting her role within the household to meet her needs.
  • Termination as a Last Resort: If no agreement can be reached, and Sarah is unwilling to adapt to the new schedule, the family may need to consider ending the current employment contract. However, this should only be a last resort and should be done with proper notice and in compliance with the terms of the contract and UK employment laws.

5. Reach Mutual Agreement
After consultation, if both parties agree on the new terms, the Johnson family should clearly outline the new hours, duties, and any compensation adjustments in writing. Both Sarah and the family must sign the updated contract, ensuring legal protection for both sides.

6. Update the Contract and Provide a revised Written Statement
Ensure all agreed-upon changes are reflected in the employment contract, including working hours, responsibilities, and any changes to pay or benefits. Providing this written agreement ensures that both sides are clear on the terms and compliant with UK employment law.

7. Follow-Up
After the new hours and terms are implemented, check in regularly with Sarah to make sure she is satisfied with the arrangement and that the schedule works for both sides. Ongoing communication can help address any issues early and maintain a positive relationship.

Risks of Failing to Consult

Not following the correct consultation process can lead to several risks for the Johnson family:

1. Breach of Contract
Changing Sarah’s hours without her agreement could be considered a breach of contract. This might lead to Sarah resigning and claiming constructive dismissal. If successful, Sarah could claim compensation, and the family could face legal consequences.

2. Financial and Legal Consequences
Failing to address compensation adjustments properly could lead to disputes over pay. If Sarah feels she’s been unfairly compensated or forced into a role that doesn’t align with her original contract, she could take legal action.

3. Damage to the Working Relationship
A failure to consult properly can damage the trust and relationship between the family and Sarah. If she feels undervalued or blindsided by the changes, she may lose job satisfaction and, ultimately, seek other employment.

Conclusion

Changing a nanny’s hours when a child starts school is a common scenario, but it requires careful handling to avoid legal and relationship issues. The consultation process is critical to ensuring the changes are mutually agreed upon and fair for both parties. Clear communication, flexibility, and proper legal compliance are key to a smooth transition.

Please note: This blog provides general guidance and should not be considered legal or HR advice. Every situation is unique, and employment matters can be complex. We strongly recommend seeking professional HR or legal advice to ensure you are fully compliant with UK employment laws and to avoid potential disputes. If you’re facing a similar scenario, contact our HR consultant for tailored guidance and support.

HR Guidance: Changing nanny’s hours due to a child starting school