How to deal with assistant

[chezzagriff]

Have had an assistant for just under a year now and within the first month I had to sit her down and have a stern chat about the way she speaks to the children sometimes. She stopped for a bit but then began to be quite nasty again. By this I mean when we have a film on a Friday if one of the children look at her for a second she shouts"what are you looking at, turn around" or if a child is sitting on the floor just looking around she shouts "come on plaaaaaay" etc. I have delt with this in a few different ways, one by directly approaching her with a list of everything she had said but that doesn't seem to work, then by leading by example i consider myself to be very positive and even when having to tell a child off I don't raise my voice I just speak sternly and explain the situation to the child (although if a child glanced at me I wouldn't tell them off for that! I mean if they hit another child etc.) I have also told her to calm down or say "you didn't need to shout then" and again none of this works. Today we were out and I left her with the children for a minute whilst I went the toilet and when I came out she was arguing with my neighbour. I asked my neighbour what's happened and she said 2 of the children bumped into each other and my assistant screamed at one of the children when it was an accident and there's no need for the way she speaks to the children, they always see her shouting for nothing when we are out. My assistant then said I'm doing my job butt out in which I stepped in and told her that she shouldn't speak to the children the way she does as I have said numerous times and if outsiders are seeing it what does that say. I was going to get a new assistant soon anyway but that's not until sept so I don't know what to do until then! Also with it involving my neighbour do I need to write an incident form? Thanks all

[alex__17]

Makes me wonder why she's working with kids?!

I sometimes think to myself 'please just plaaaay' but would never say that to them, it's my job to play with them! If I ever feel my patience is wearing slightly thin I go into the kitchen for a minute (can still hear kids and they usually follow!) and take a couple of breathes and get a drink then go back to it.

Anyway that doesn't really answer your question, could you not give notice to her and get someone else now?

[chezzagriff]

I know I constantly wonder why she ever did her level 3 and as you say it is our job to play along with them but she would rather sit on the couch that's another reason I'm getting rid! Literally everything goes over her head that is said! I think she just saw this as a job in a house so can just relax but that's not the case. I thought about getting somebody for now but I'm thinking about the parents and what to tell them if I do that.

[alex__17]

If I were a parent I'd want you to get someone else! Sure they won't mind if you do it earlier than planned, yes the kids may need to get used to someone new but if its someone that loves what they do they'll be much happier for it

[chezzagriff]

Would I tell the parents the reason I'm doing it though? That may then put them in a state of mind that others are going to be like that. Also what would I tell Ofsted and should I do an incident form?

[alex__17]

I wouldn't tell parents personally, be professional and keep things simple, don't go into details just maybe say something along the lines of not a good fit etc. I'd fill in an incident report, you don't want the neighbour complaining to ofsted and you have no record of it.
If you report it to ofsted they may ask why are you keeping them on until sept of that's what you choose to do.
However I'm quite new to all this, this is just my personal opinion, I have no experience of this sort of thing I'm talking more as a parent and what I'd want for my child, sure someone that's worked with assistants will be able to offer better advice!

[blue bear]

Your neighbour has made a complaint about your assistant, you need to follow your complaints and safeguarding policy.
Personally I would message Sarah Neville and ask her advise, this could blow up if the neighbour reports to ofsted and you haven't followed your policies.

I'd be getting rid of that assistant as soon as possible, I couldnt have someone with her attitude working with me

[funemnx]

I have 4 assistants so that I have someone else if one is off for any reason and luckily haven't come across this problem before but I have to be comfortable with who I'm working with. You've told her in several different ways but it's not working - I would start looking for someone else straight away and not wait until September. No need to mention to parents just say she's moving on

[chris goodyear]

As everyone has said get rid of her. She will harm your reputation the longer it goes on and what about your current mindees? What if they go home and tell their parents what she is like with them? I'd be looking immediately for a replacement assistant asap.

[mama2three]

Do you employ her or is she self employed?
if you employ her then please remember to do everything by the book. have you recorded your previous discussions with her? Do you do appraisals / reviews? The likelihood is that you will need to give her a warning , verbal then written , and a timeframe for improvement , before terminating. Employment law is a minefield , you don't want to find yourself fighting an unfair dismissal case.

[bunyip]

Do you employ her or is she self employed?
if you employ her then please remember to do everything by the book. have you recorded your previous discussions with her? Do you do appraisals / reviews? The likelihood is that you will need to give her a warning , verbal then written , and a timeframe for improvement , before terminating. Employment law is a minefield , you don't want to find yourself fighting an unfair dismissal case.

I agree with mama2three. This is a real minefield, especially if you employ the assistant directly rather than her being self-employed. You really should take legal advice.

So sorry this is happening. Please don't take any of the following as personal criticism, just trying to look at the situation as it might be seen by others. Also, I have no legal expertise, so don't take this as advice - I do think you need a proper employment solicitor, preferably one with appropriate knowledge to also consider the childcare/potential safeguarding considerations.

You need to think carefully about the reason for warning/dismissing her too. You'll need to be very careful around Ofsted and EYFS. If you say, for eg. she "Is not suitable to work with children" then you enter another legal/regulatory/safeguarding minefield over suitable people, disqualification, etc. No offence, I'm not judging you, but my guess is that Ofsted would then raise questions about why you'd employed someone whom you later decided wasn't fit to be around the lo's.

You'd be caught between a rock and a hard place. Employment law requires an employer to use the due process: highlight the specific 'performance issues' and give the employee a chance to improve with sufficient support and additional training from the employer. But if you say/imply she's not suitable to be around the lo's, then I suspect the regulations require that she is removed immediately. You might have to suspend her on full pay, pending the disciplinary procedures, but then how do you give her chance to show improvement without working with the children? The only ways round this would probably be if she'd done something to justify immediate dismissal for gross misconduct, which would then almost certainly bring Ofsted into the equation. Probably much easier if she is self-employed, but still check with the legal folk.

You need to keep a good record of all incidents and your response: as both employer and lead safeguarding person. Speak with your neighbour and clarify facts. I'm unable to tell from the thread whether the neighbour has raised a complaint that needs dealing with as a complaint: perhaps better safe than sorry, even if it means more paperwork.

You really need advice from pacey and/or a specialist employment solicitor.

Finally, and sadly, I think we can all learn from this. The assistant holds a level 3 qualification, CRB/DBS, training, experience, and everything else the 'experts', 'professionals' and government bigwigs bang on about. She ticks all the right boxes for the perfect 'educare' practitioner but still doesn't have the first idea of how to CARE for children. I think we should all remember that.

[chezzagriff]

Thanks for your replies. She is self employed and today I had LADO come out as an official complaint had been made! If I have spoken to her on a number of occasions and now have this wouldn't this be worthy of dismissal? Only thing is I haven't recorded the times I have spoken to her