Nanny contracts

If you’ve recently employed a nanny you should have signed a contract with them before handing over your children and the house keys, but you do have 2 months from the date your nanny starts work to provide your nanny with a written statement of employment so if you haven’t already then it’s not too late. You can find out more about the why and how of nanny contracts here and Nannyjob also provides 2 model contracts for you to download and use if you wish, and we’ve put together some additional pointers.

Agree a gross wage

As an employer you are responsible for deducting tax and National Insurance, leaving your nanny with their net pay. It’s important to put a gross wage in the contract so your nanny’s personal tax arrangements don’t result in overly-complex calculations each payment period.

 

Be precise about holiday

Each employee is entitled to 5.6 weeks holiday per year, which is 28 days for a full time worker and pro rata-ed down for a part-time worker. This includes any Bank Holidays, which means a full time worker will get 4 weeks plus 8 Bank Holidays. For part time workers the picture is more complex. A nanny who works Monday and Tuesday is entitled to 11.2 days (you can round up but not down) and will have 4 Bank Holidays on working days in 2014, leaving 7.2 days rather than 8 (which would be 4 working weeks) to choose. A nanny working Tuesday and Wednesday has only 1 Bank Holiday on working days in 2014, leaving 10.2 days of holiday. Allocating 4 working weeks or 8 days, would give less that the statutory minimum.

If your nanny works variable hours you might be better using an accrual method so both of you are clear in the contract how holiday will be worked out fairly.

 

Agree a list of duties

A written contract is the best reference for what duties have been agreed in case of any disputes further down the line. It’s also a useful tool for assessing and appraising performance, and if problems arise it gives clear indications of what can be considered poor performance for disciplinary purposes.

 

Define gross misconduct

In rare situations you may want to dismiss your nanny instantly without notice but there needs to be a provision in the contract for this. Common grounds for summary dismissal as a result of gross misconduct are child abuse, theft, using alcohol or illegal drugs whilst on duty and being found guilty of a serious criminal offence. Remember that if you dismiss your nanny for harming a child you have a responsibility to report that to the DBS.

When it doesn’t work out

Last week we posted about the ‘two week itch’, that point where the reality of your new job (or nanny) sinks in and you start to find things that you’re not happy with. Hopefully these issues can be resolved by communicating openly about your feelings and expectations and you can move forward happily. Unfortunately sometimes the situation doesn’t improve and you’re faced with a choice of bringing the arrangement to an end or persevering but being unhappy.

In a tough market it can be difficult to take the brave decision to give notice. If you’re still in the probationary period the contractual notice may be very short – perhaps one week instead of four, which doesn’t leave much time to find a new job or find a new nanny. You can give more notice that the minimum required but it’s good practice to agree on an end date and stick to that.

Notice should always be given in writing. You don’t need to give your reasons in the letter, but we would strongly recommend having an honest conversation about why you’re choosing to move on. It’s possible that you can still find a way forward, but equally if you just feel that you’re not a good fit for each other then be open about that. Sometimes it can be difficult to put your finger on exactly what’s up but things you can’t measure such as how similar your childcare styles are or how well a nanny has bonded with the children are very important to a good relationship.

Working through the notice period might feel awkard, because in many ways giving notice is personal rejection. Some employers may choose to pay in lieu of notice and it’s not uncommon to feel concern about a nanny’s commitment to the job once notice has been given by either party. Equally nannies might feel that the trust in the relationship has been broken and that can affect their work and allow resentment to build up. It’s still important to remain polite and respectful and work together for the benefit of the children. Maintaining an effective working relationship in dififcult circumstances is a sign of professionalism and maturity.

Some employers will take the notice period into account when writing a reference and some won’t. Some will refuse to provide a reference altogether but that can leave a nanny in a tricky situation. Employers should be prepared to at least provide a written reference confirming dates and duties, and if it was the employer’s choice to give notice and the reasons for terminating the contract are mentioned in a verbal reference they should make sure these were raised with the nanny and the nanny given opportunities to improve. Where the job was obtained through an agency the agency should be able to confirm to any future employer that it’s not a suspicious gap on the nanny’s CV.

If you need to have this difficult conversation then choose a time when the children are occupied and not just as one of you is about to rush out the door. It’s usually better to put it off for day but have the time to talk. Never leave a letter for the other party to find when you’re not around!

Could this be you?

Ricochet Productions, maker of Supernanny

are looking for

A Childcare Expert to front a new U.S.A TV Show advising celebrity parents on their parenting challenges!

Are you a confident, charismatic person with experience in childcare, and the talent to become a Supernanny to Celebs? Could you teach parents the tricks and techniques they need to manage their lifestyle and family unit?

Age or location isn’t an issue – but experience, personality and confidence are a must.  You must be able to draw on your personal experience to give advice to celebrity families troubleshooting their parental challenges. Experience of working with VIP or high profile families would be an advantage.

If this is you or someone you know, get in touch today!

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