Please be aware that to comply with employment law in the UK you have to have an employment contract with your nanny in place within 2 months of their start date, whether she is part time or full time. Your nanny employment contract must comply with current employment legislation. If this seems daunting, Parental Choice is here to help. We provide a tailored nanny employment contract to cover all the required details.
Your nanny employment contract should include all the terms and conditions that you have agreed upon, including:
- Personal details of the employer and the nanny
- The start date;
- Place of work;
- Hours of work
- Sick leave;
- Maternity leave
- Holiday entitlement etc.
- Disciplinary procedure;
- Benefits which you are making available to your nanny;
- Period of notice;
In addition the contract should set out the starting salary (which should specify the gross or net salary; whether it is hourly, daily, weekly or monthly; whether it is paid in advance or arrears; when it is paid and finally whether the employer is to operate PAYE and make National Insurance contributions on the nanny’s behalf). We can work all of this out for you and provide the payroll service to act on your behalf with HMRC and provide the payslips for your nanny.
The contract of employment is a legally binding document and both you and your nanny are obligated to keep to the terms of employment as described in it. These terms can of course be changed at any time by mutual agreement.
All employees in the UK are entitled by law to 5.6 weeks (28 days) holiday per annum.
For a full-time employee that is 28 paid days off per year, of which 4 weeks is standard leave and 1.6 (or 160% of the working week) is 8 of the bank holidays. The entitlement to 8 bank holidays as paid days off is a new law, which was introduced in April 2009.
If the nanny is employed on a temporary basis they are also entitled to holiday.
Please contact Parental Choice for the relevant calculated number of days in accordance with the your nanny’s contracted working hours and days.
Working Time Directive
Nannies are exempt from the measures concerning working hours but are entitled to a 20 minute rest break for every six hours worked.
Redundancy legislation applies to nannies exactly as it would apply to any other employee. If a nanny is no longer needed because the children have gone to school or you have decided to move or stay at home, then you are making her redundant and the nanny is entitled to receive the same redundancy benefits as any other employee.
If you as an employer terminate your nanny’s employment because she is no longer required, she is entitled to a redundancy payment if she has at least two year’s continuous service with you. Redundancy payments are calculated on the basis of each year’s gross salary and the employee’s age. So:
- Less than 1 month: None
- 1 month to 2 years: 1 week;
- 2 to 3 years 2 weeks
- After 3 years, you will need to add an additional week for each year of continuous employment to a maximum of 12 weeks.
Your nanny only has to give you 1 week. As a result the employment contract often sets out a duty to give a longer period of notice which has to be reasonable depending on how long it will take you as the employer to find a replacement or the nanny to find another job.
Parental Choice can provide you with an employment contract for your nanny based on your own specific requirements that will take care of each of the points covered above for you.