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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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We have an au-pair that is planning to move to another family.

Customer Question

We have an au-pair that is planning to move to another family. Problem is that she is planning to ignore the 6 weeks notice in her contract and leave us with a heap of problem as we can't find a replacement quick enough.
We can obviously not stop her from walking out the door, but I was wondering if we have any legal avenues to explore, or if the contract we have in place isn't worth the paper it is written on.
Many thanks in advance.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Customer:

Hello my name is ***** ***** I am happy to help you today.

Customer:

The contract is binding in that if she leaves in breach of the notice clause you are able to sue her in breach of contract for damages arising from the breach.

Customer:

This will be any losses you incur as a result of her breaching the contract which could include time off work or emergency childcare.

Customer:

You obvioulsy do not have to pay her notice if she does not work it.

Customer:

I would suggest that you explain this to her and say you will be left with no alternative if she does leave you 'high and dry'.

Customer:

If you have any further questions about this please do ask.

JACUSTOMER-ookpj91p- :

Thanks you very much for your response. If it went so far that we would like to sue, who do we turn to?

JACUSTOMER-ookpj91p- :

Basically where do you file these type of complaints is what I'm asking?

JACUSTOMER-ookpj91p- :

New to this. Am I supposed to wait for a response, or should I come back later?

JACUSTOMER-ookpj91p- :

Hello?

JACUSTOMER-ookpj91p- :

I'm getting messages that you are jumping in/out of the chat. Am I supposed to wait or what?

JACUSTOMER-ookpj91p- :

Hello?

JACUSTOMER-ookpj91p- :

I'm happy to rate your answer as excellent if you just let me know what to do?

JACUSTOMER-ookpj91p- :

I'll follow your advice on the right and rate you, but hope you stand true to your word and answer my follow on question about where I need to turn to report the breach of contract.

Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

So will you get back to me on my follow-on question?

Expert:  Jenny replied 2 years ago.
Hi there was a technical issue and I have only just got your follow on questions.
You would raise a claim through the small claims court. If you know the amount you can do so at moneyclaim online. www.mco.gov.uk
You would need to send a letter before action first to set out the fact she was in breach of contract and to ask her to pay back or you will claim.
If there is anything further please let me know and again accept my apologies for the technical hiccup.
Customer: replied 2 years ago.

Perfect! All I need so thanks for your help.

Expert:  Jenny replied 2 years ago.
Great all the best!

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