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We are monitoring government announcements daily and will update the information below as and when changes happen.
Below are the FAQs for the latest coronavirus (COVID-19) news and advice related to self-employed maternity nurses or night nannies, and the families they work for. Please note, not all maternity nurse/newborn support contracts are the same, so if you are not using a standard myTamarin maternity nurse contract, please refer to the specific terms of the contract.
Disclaimer
Tamarin Group Limited (trading as myTamarin) has prepared this document in conjunction with a legal advisor – but please note that myTamarin is not a legal advisor and does not offer legal advice and does not guarantee this document in any way. Therefore, if you feel you need legal support, then please ensure you seek it from a qualified professional. myTamarin will take no responsibility or liability in any for any matters arising from this post.
Can parents cancel a booking with a nurse due to the coronavirus?
Generally, if the nurse hasn’t been asked to self-isolate for any of the following reasons, normal rules around cancellation of the contract will apply.
- They have been diagnosed with coronavirus
- They have coronavirus symptoms
- They have been advised to self-isolate by a doctor or NHS 111
- Someone within their household has coronavirus symptoms (in this case everyone within the household must self-isolate for 14 days)
You may have in your contract a force majeure clause covering epidemics or pandemics, but that’s not very common in these types of contracts. If you do, slightly different rules may apply, in which case let us know and we’ll do our best to help you interpret it.
What if a nurse is asked to self-isolate or is diagnosed with coronavirus?
If a nurse is using the myTamarin standard newborn contract template and has to isolate for any of the above reasons, there are two possible scenarios:
- A nurse is unable to work for less than 10% of the total booking, in which case parents cannot automatically cancel the entire booking.
- A nurse is unable to work for more than 10% of the total booking, in which case they are entitled to cancel the entire booking.
If you are using a different template contract, it is very likely that there is no “10%” protection clause included in which case parents can cancel the booking immediately and entirely, and are entitled to the return of any deposit.
Please note however that the best course of action is to come to a mutually satisfactory agreement as the times are challenging for everyone.
What if parents want to cancel a booking with a nurse, either before or during the booking due to the fear of coronavirus?
If the nurse hasn’t been asked to self-isolate for any of the above reasons, and the parents wish to cancel a booking due to general concerns, they will have to pay any cancellation fees stated in the contract and any deposits paid will not be refunded.
Another way to look at this is, there are two variations here depending on who is instigating cancellation:
- Parent cancels without a clear cause - and so they do not receive their deposit back.
- Nurse cancels outside of parent's control - and so the parent could not be expected to pay and should receive their security deposit back.
The grey area is if the parent cancels because they feel they have no choice because the nurse is infected or has symptoms. In that case, it might be reasonable for them to receive their deposit back because it is effectively impossible for that contract to start without almost certainly endangering the family's health.
Again, please note however that the best course of action is to come to a mutually satisfactory agreement as the times are challenging for everyone.
Can a nurse refuse to work for a family due to the fear of coronavirus (i.e. she fears a family member is sick).
It is at the nurse’s discretion whether or not to attend work for health reasons. However, the family will not be legally bound to pay for a nurse who decides not to attend due to fear of the coronavirus.
What happens if a member of the family has been asked to self-isolate or is diagnosed with coronavirus?
If a family is infected with coronavirus or has to isolate for any of the reasons listed above, then it is the family’s responsibility and obligation to act in good faith and take the initiative to cancel the agreement. Standard cancellation procedures will apply, and the nurse will be due all contractual payments for the duration of the agreement.
New parents who are social distancing or self isolating still need support. So, we have launched our pre-natal and maternity support online.
Tamarins are monkeys who parent in family groups – like a village – helping each other while children are small.
Are you ready to join our village?
Parents sign up here to begin your nanny or maternity nurse search.
Nannies and maternity nurses sign up here to find your next family. Alternatively, you can send your CV to hello@mytamarin.com and we will be in touch!
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