Category: Guest blogs

Coronavirus COVID-19

We appreciate nannies have a number of questions and are understandably feeling extremely
anxious.

At BAPN we don’t pretend to have all the answers, in fact no one currently has – not even our
government or medical experts worldwide. The Coronavirus is a new virus. However, based on the
more common queries we’re receiving, we’d like to offer the following information and hope it
proves useful:

What’s happening?
The government and its health advisers are telling us that large numbers of the country’s workforce
are likely to be absent at any one time as the Coronavirus takes hold. We appreciate this is worrying
but bear in mind there will be varying degrees of symptoms, some no worse than the usual winter
flu.
Of course the impact on nannies won’t just be if they become ill or have to self-isolate. A further
unknown is what will happen in the event of schools and nursery closures? Just as their employer is
likely to need them more, nannies with their own children could find it impossible to go to work.
Likewise, those who have partners or dependents who become ill may also need to stay home…. and
so it goes on. The situation as it develops will have a major impact on all of us.
The best advice we can offer right now is that by working together and having open dialogue,
nannies and their employers can avoid unnecessary panic. Employers MUST adhere to government
guidance and if their nanny has to self-isolate so be it. Infected nannies or those who could
potentially be at risk, must self-isolate and stay at home and not show up for work as a result of
either misplaced loyalty or employer pressure. This is no different for a live-in nanny, the same
applies although it does come with additional challenges when the nanny’s home is that of the
employer.

Your Employment
Many employers in various industries are already considering allowing their workforce, where
possible, to work from home during this current crisis. However, the majority of nannies are simply
not able to work from home. That said, government guidance is still relevant and the requirement
on employers to treat their nanny fairly still applies. Nannies must not be put at risk simply
because of the nature of their employment.

Self-isolation
The government is currently recommending that anyone who has recently visited certain “high risk”
countries or regions, or has had recent contact with someone who has, should isolate themselves.

For updated information relating to countries or regions considered “high risk” please visit https://publichealthmatters.blog.gov.uk/2020/02/20/what-is-self-isolati…
We understand the list of high-risk areas is being updated on a daily basis.
The government has also set out guidance on measures to take while in isolation: https://www.gov.uk/government/publications/wuhan-novel-coronavirus-self…
You should familiarise yourself of these measures regardless of whether you are feeling ill or not.
If you know you have been in contact with someone who has a confirmed case of Coronavirus, or if
you have symptoms and, having contacted the NHS 111 line it was recommended you self-isolate,
you should follow instructions to the letter.

To get help from NHS 111, you can:
• visit 111.nhs.uk (for people aged 5 and over only)
• call 111
• NHS 111 is available 24 hours a day, 7 days a week.

A period of suspension

Should an employer have concerns about an employee, in particular, where it is known or suspected
that they had contact with someone known to have Coronavirus, they might decide to suspend as a
precautionary measure. This is acceptable and must be on full pay unless the employee’s
employment contract allows for suspension without pay. This would be most unusual.

Sickness absence

It’s likely that this might become tricky for employers and employees on the basis that it will not only
be those who are ill that are off work but also those looking after family members who are ill or
those with children in the event of schools and nurseries being closed.
Please note: Employers are not obliged to pay their employee if s/he is not sick but cannot come to
work because they have been advised to self-isolate. Your employer can choose to treat this period
as sick leave and pay following their usual sick pay procedures or, offer you the option of taking
annual leave or unpaid leave.

Statutory Sick pay (SSP)

Eligibility for SSP can seem complicated at the best of times.
To qualify for Statutory Sick Pay (SSP) you must:
• be classed as an employee
• have been ill for at least 4 days in a row (this can include non-working days), however the
government has temporarily changed the rules on this meaning payment will come in from
day 1 for COVID-19 symptoms or self-isolation.
• earn an average of at least £118 per week
• Tell your employer you’re sick before their deadline – or within 7 days if they do not have
one
The SSP payment is currently £94.25 per week
If you do not qualify for SSP, you may be able to apply for Universal Credit or Employment and
Support Allowance, and the government has made temporary changes in this regard. See their
website for the most up-to-date information.

Occupational sick pay

Many nannies, not all, will receive sick pay as set out in their employment contracts. All nannies
should dig out a copy of their current contract and be familiar with its terms, in particular, what
happens when the nanny is ill / unable to work.
It is most unlikely that your contract will include self-isolation, time off to care for infected family
members but nonetheless, be familiar with what is included.
Nannies are urged to speak with their employers about “What If”. What will happen in cases of
illness or isolation? Have this conversation as soon as possible and agree a strategy before anything
happens. We’d advise an inclusion is added to the employment contract so that expectations are
met and understood.

Sick Notes / Fit Notes Certificates of Sickness Absence

An employer will normally require you to produce a doctor’s certificate, or ‘fit note’, after 7 days
absence. Coronavirus symptoms are likely to last more than 7 days, and if you are unwell or in
isolation, it will be difficult for you to obtain a doctors’ certificate. In these circumstances, the
government has ruled that an e-mail confirmation of diagnoses will be enough for Coronavirus
COVID-19 and those in self-isolation. You can access more information online via NHS 111.

What if I don’t / can’t go to work through the current crisis?

There is no legal right for employees to be paid under these circumstances or if a school / nursery
closes and an employee is required to care for a dependent. Your employer could offer you a period
of paid annual leave or unpaid leave or allow you to work from home where this is feasible.
BAPN is urging all nannies to check their current employment contract and to have a conversation
with their employer now, before such a problem arises.

Lay Off

Employees who are willing and able to work but are not provided with work by their employer can
be placed on “lay off”.
Lay off must be with full pay unless there is a provision within the contract of employment for lay off
without pay. If there is no contractual provision, employers can attempt to agree with employees a
period of unpaid lay off. BAPN is aware that many employment contracts provided by nanny
agencies and some nanny payroll providers allow for lay off and therefore you should check your
contract closely.

Providing information, advice and guidance

There is a duty on all employers to keep their employees informed with up-to-date, reliable
information from sources like the Department for Health and Public Health England and nanny
employers are no different. BAPN is aware of some really dubious sources of misinformation, in
particular, that found on Facebook! This is far too serious a subject. Only seek information from
reliable sources only. Such as:

 https://www.nhs.uk/conditions/coronavirus-covid-19/

https://www.who.int/docs/default-source/coronaviruse/getting-workplace-ready-for-covid-19.pdf

https://www.hse.gov.uk/news/coronavirus.htm

 

 

Form P60

A P60 Form shows how much taxable salary your nanny was paid in a tax year (which runs from 6 April to 5 April the following year) and includes how much Tax and National Insurance contributions were deducted from their wages.  As an employer, you must give your nanny a P60 at the end of each tax year, if they are still employed by you at the end of that tax year.

If nanny leaves your employment before the end of March, they will not receive a P60 from your employment, but will receive a P45 from you with their leave date and total earnings from your employment on the form instead.

Nanny’s P60 is proof of the tax they have paid for that financial year.  Nanny will be asked to provide a copy of their P60, along with pay slips from your employment, if they are applying for a mortgage, property rental or other financial service as proof of their salary.  As the employer, you should provide nanny’s P60 by 31 May, following a close of a tax year, at the latest.

If nanny provides you with a P60, rather than a P45 when starting in your employment, this cannot be accepted.  If they do not have a P45 from their previous employment, then they will need to complete a ‘New Starter Checklist Form’ declaring any other jobs, benefits or student loans.

HMRC Payment Deadlines

In order to avoid penalties and interest, it is important to make sure you pay HMRC on time for tax, employee and employer national insurance and student loan deductions.

Here is a note of each quarter’s payment and payment deadlines:

 

Quarter                       Period for                                  Payment Date

Quarter 1                     6th April to 5th July                       22nd July

Quarter 2                     6th July to 5th October                 22nd October

Quarter 3                     6th October to 5th January           22nd January

Quarter 4                     6th January to 5th April                 22nd April

 

If your PAYE exceeds over £1,500 a month, you will have to pay HMRC monthly instead of quarterly.

The best way to pay them is directly via their website, you will get a confirmation email from them stating all the transaction details in case there was ever a dispute of payments- https://www.tax.service.gov.uk/pay-online/epaye

What are the regulations if nanny is a student?

If nanny is a student, they will still be subject to paying Tax and NIC on their salaries like normal workers if they earn above their personal allowance, which for the current tax year (19/20) is £12,500.00 gross per annum (£1,041.67 gross per month).  If nanny’s earnings are below this threshold then they will not be subject to tax deductions on their salaries.

Nannies over the age of 16 will need to have Employee National Insurance deducted.

Nannies who are students and come from overseas will not be able to get a National Insurance refund if they return home, even if they work in the UK for a short period of time.

The only way a foreign student nanny could get exemption from National Insurance is to produce either an A1, E101 or E120 certificate from a European Economic Area (EEA)

If your student nanny leaves the UK to return to their native country during the tax year, they may be able to claim back some or all of the Tax which they may have paid on their salary in the UK.  They would need to complete and return a form ‘P85’ to HMRC, including parts 2 and 3 of their P45 from their current employment. If nanny, has worked in the UK for a full tax year, then they will not be able to claim back the Tax which they have paid on their earnings.

The P85 form can be obtained by contacting HMRC directly.

 

https://www.gov.uk/tax-right-retire-abroad-return-to-uk

Nanny and Private use of Car

If you have provided nanny with private use of a car, you need to inform HMRC straightaway. The quickest way is to complete a form P46 car

By notifying them straightaway, they will reduce nanny’s tax code the month she is given the car.

Failure to tell them when she has the car, will mean her tax code will be coded incorrectly causing an under payment.

Even though you have notified HMRC of the car via a P46 car, you will need to complete a P11d and pay Class 1A National Insurance on the benefit amount.

Please see link below

www.gov.uk/tell-hmrc-company-car

30 Hours Free Childcare

The criteria for 30 hours for funded childcare, is that you must earn £131.36 a week which equates to 16 hours at the national minimum wage or Living Wage.

The 30 hours a week is for 38 weeks of the year and is for children who are aged 3 or 4 this equates to 1,140 hours per year.

You will not be able to claim this, if you or your partner has a taxable income of over £100,000, the child does not usually live with you, if the child is fostered or if you are from outside the EEA and it states you can’t access public funds on your UK residence card.

To register for funded childcare or for more questions:

https://www.childcarechoices.gov.uk/

RTI Real Time Information

RTI stands for Real Time Information and was introduced by HMRC in 2012. HMRC put this system into place so that every time an employee is paid, it is the employer’s responsibility to make a submission to them detailing this payment.

By employers using RTI, it enables HMRC to process any amendments to employee’s tax free allowance in real time rather than as done previously on previous years records and pass this information to Department for Work and Pensions. In turn this makes sure Universal Tax Credit claims are based on accurate figures of an employee’s income.

As an employer, if your payroll submission is not sent to HMRC on time, £100 fines will be issued. It is important as an employer to make sure all pay details are sent to HMRC on or before the date nanny is paid.

Nanny or Au Pair

Age and Cultural exchange programme

An au pair is between the ages of 18-30 and comes to the UK to learn or perfect her English in exchange for childcare.

A nanny can be any age and does not take part in a cultural exchange programme.

Wage and working hours

Au pairs can only work on average 30 hours a week and on top of their accommodation will normally get what is classed as ‘pocket money’. ‘Pocket money’ on average is £100.00 per week and as long as they earn less than £118.00 per week and have no other income this does not need to be declared to HMRC.

A nanny receives a wage in line with the national minimum wage.

Language courses

Au pairs must have the chance to attend a language course.

A nanny does not have to attend a language course.

Employee/family

An au pair is seen as a temporary family member.

A nanny is seen as an employee.

Legalities

An au pair needs a visa specific to an au pair.

Nannies who are coming from abroad need a work visa or permit. A nanny cannot work under an au pair visa.

Live in Nannies

There has been a rise in live-in nannies, and with that confusion over nanny’s legal pay.

If nanny lives in the family home, is treated as part of the family – eating most meals with them and spending time together such as leisure activities and evening time in the same sitting room, then the national minimum wage does not apply.

The national minimum wage will come into effect for nanny’s who are not treated as part of the family, but instead the employer will be able to use the offset allowance when the nanny is live-in by £7.55 a day, £52.85 for a whole week.

The other scenario is that nanny is given accommodation separate to that of the family, this then becomes a benefit in kind and needs to be declared annually to HMRC.

If there is a benefit in kind, it will mean nanny’s tax code will be decreased and her net pay goes down and as an employer having to pay an additional national insurance on the benefit amount.

The law is very strict, so you need to make sure you know how to proceed with your live in nanny.

Understanding Tax Codes

Your tax code determines the amount of tax you pay each pay period and for current tax year the standard tax code is 1250L.

Whatever your tax code the numbers denote the amount you can earn each year before you are liable to pay tax, you just need to add a zero to the end of code and this then means the 1250 code gives you a figure of £12,500 you can earn before you pay tax.

This amount is then split into the number of pay periods you will have in the tax year, 52 if weekly and 12 if monthly.

Weekly £12500/52 = £240.38

Monthly £12500/12 = £1041.67

Once you have reached the above earnings in each pay period you then pay tax at 20%.

If you’re annual earnings are above £50,001.00 then the tax rate increases to 40% on earnings above this.

If you have several jobs it could well be that one of your employers has the full allowance (£12,500.00) and the other is using a tax code of BR, BR denotes that all earnings in that employee pay tax at 20% as the full allowance is being used elsewhere.

Should both employers have the full tax code, you will then need to contact HMRC directly (0300 200 3300) to get one of these corrected, you will need your NI number to hand when contacting them.