Nannies and your Company

I have my own company; can I pay nanny through my payroll?

No. Nannies are considered a personal employee and should not be under a company’s PAYE. Nannies should not be paid through your company, but through your own personal bank account.

Therefor you need to register yourself as an employer of a nanny and register nanny through this new company and process and submit payroll through this new company.

You can either do this yourself through HMRC or contact us at payrollfornannies.co.uk and we will then hopefully take the responsibility of doing this on your behalf

Employment Allowance

HMRC allow most employers to get £3,000 off their National Insurance liability.

Unfortunately, if you employ someone for personal, household or domestic work you are unable to claim this as the employees are being employed in a personal capacity to support the running of a household.

It is important to know the rules otherwise you could end up paying back this money to HMRC.

You can claim on the following:

old age

mental or physical disability

past or present dependence on alcohol or drugs

past or present illness

past or present mental disorder

You cannot claim the Employment Allowance if you are employing a nanny unless the nanny is employed for an individual who needs care because of one of the reasons set out above.

To claim for the Employment Allowance, it will need to be submitted via payroll software by means of sending an EPS (Employment Payment Summary).

Zero-Hours contracts

‘Zero hours contract’ is a non-legal term used to describe many different types of casual agreements between an employer and an individual.

Generally speaking, a zero hours contract is one in which the employer does not guarantee the individual any hours of work. The employer offers the individual work when it arises, and the individual can either accept the work offered, or decide not to take up the offer of work on that occasion.

Regardless of how many hours are offered, the employer must pay at least the National Minimum Wage.

Everyone employed on a zero hours contract is entitled to statutory employment rights. There are no exceptions.

A person will benefit from the employment rights associated with their employment status and individuals on a zero hours contract will either have the employment status of a ’worker’ or an ‘employee’.

Any individual on a zero hours contract who is a ‘worker’ will be entitled to at least the National Minimum Wage, paid annual leave, rest breaks and protection from discrimination.

Unpaid Parental Leave

Eligible employees can take unpaid parental leave to look after their child’s welfare, for example,

spend more time with their children

look at new schools

settle children into new childcare arrangements

spend more time with family, such as visiting grandparents

Their employment rights are protected during parental leave.

Parental leave is unpaid. Employees are entitled to 18 weeks leave for each child and adopted child, up to their 18^th birthday.

The limit on how much parental leave each parent can take in a year is 4 weeks for each child (unless the employer agrees otherwise).

You must take parental leave as whole weeks (eg 1 week or 2 weeks) rather than individual days, unless your employer agrees otherwise or if your child is disabled. You don’t have to take all the leave at once.

Employees qualify if all of these apply:

they’ve been in the company for more than a year

they’re named on the child’s birth or adoption certificate or they have or expect to have parental responsibility

Employees must give 21 days’ notice before their intended start date. If they or their partner are having a baby or adopting, it’s 21 days before the week the baby or child is expected.

Employees must confirm the start and end dates in their notice. Unless an employer requests it, this doesn’t have to be in writing.

Discrimination

It is against the law to treat someone less favourably than someone else because of a personal characteristic such as religion, sex, gender reassignment or age.

Discrimination can include:

not hiring someone
selecting a particular person for redundancy
paying someone less than another worker without good reason

You can discriminate against someone even if you do not intend to. For example, you can discriminate indirectly by offering working conditions or rules that disadvantage one group of people more than another.

Discrimination in Job adverts

You must not state or imply in a job advert that you’ll discriminate against anyone. This includes saying that you are not able to cater for workers with a disability.

Only use phrases like ‘recent graduate’ or ‘highly experienced’ when these are actual requirements of the job. Otherwise you could discriminate against younger or older people who might not have had the opportunity to get qualifications.

Where you advertise might cause indirect discrimination – for example, advertising only in men’s magazines.

Nanny and Additional Employment

When nanny gets an additional job whilst still in your employ, it is her responsibility to make sure her tax codes in each employment are correct.

As an employer, you could always notify her of her tax situation in your employment and what should happen in her 2^nd job. This way you have mitigated any risk of an under payment for nanny and potentially your costs increasing if you have agreed a net wage.

If you are nanny’s main job and have the tax code 1250L for her, if she gets another job, Basic Rate tax (BR) must be applied in her other job. This can be indicated by nanny completing a starter checklist and ticking statement C –

https://public-online.hmrc.gov.uk/lc/content/xfaforms/profiles/forms.html?contentRoot=repository:///Applications/PersonalTax_iForms/1.0/SC&template=SC.xdp

Bank Holidays

Bank Holidays 2020 2020 is upon us and it is always handy to have a list of the bank holidays for the year and what day of the week they fall on. These are the dates of the bank holidays in 2020 for England.
1 January	Wednesday	New Year’s Day
10 April	Friday	Good Friday
13 April	Monday	Easter Monday
8 May	Friday	Early May Bank Holiday
25 May	Monday	Spring bank holiday
31 August	Monday	Summer bank holiday
25 December	Friday	Christmas Day
28 December	Monday	Boxing Day

If a bank holiday is on a weekend, a ‘substitute’ weekday becomes a bank holiday, normally the following Monday.

It is worth noting that if nanny does not work 5 days a week that she is still entitled to bank holidays on a pro rata basis, for example if nanny only works 3 days per week then she is still entitled to 3/5ths of the 8 bank holidays whether her working day falls on a bank holiday or not.

Tax Year End Adjustments

As the end of the tax year approaches, are nanny’s payslips correct?

It is important to make sure that what is being submitted to HMRC is correct, and the P60 we will shortly produce is right.

Has nanny had a pay change that is not reflected on the payslip?

Have you given nanny a bonus recently?

Has nanny recently changed address or changed her name?

Always check nanny’s payslips as her tax code may have changed causing her net pay to differ

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

How to Keep your Nanny Happy

A good nanny is like gold dust. Once you’ve found a nanny you love – and your children love – you will want to do all you can to keep her. Keeping your nanny happy is important, and as her employer it falls on your shoulders to make sure she is treated fairly.

Following are some important points to remember as an employer of a nanny.

Trust your nanny

By employing her, allowing her to be with your children unsupervised and maybe even by having her live in your home, you have expressed your trust of her. If you then come home from work and quiz her about the day, question her discipline methods or otherwise act like you’re suspicious of her, she will quickly become frustrated. If you have a problem with the way that she is doing her job, it should be discussed openly and dealt with promptly. It is important for nannies, parents and children to be happy in their working relationship, so she would much rather discuss any issues you have in a professional manner.

Your nanny’s time is her time

If you have a live-in nanny, you must be firm about the boundaries that have been set. If your nanny works, for example, Monday to Friday 8-6, the weekends and evenings are her time. This means that the children shouldn’t be allowed to knock on her door, and she shouldn’t be called upon to work in any kind of capacity. Having said that, your nanny may not mind the children popping in to see her on a Saturday morning, and if she’s not busy she might not have a problem with watching them whilst you pop to the shops quickly, but these boundaries should be set in advance. Again, open and honest discussion from the start is key to a happy working relationship.

Leave the home how you would like it left

Nannies are not usually employed as housekeepers too, but just as a stay-at-home parent would, she will pick up after herself and the children throughout the day, leaving the house in a respectable state for when you arrive home to take over. In return, it is not too much for her to expect the house to be left in the same way for her when she arrives to work in the morning. It is not fair to expect your nanny to arrive to a sink full of dirty dishes and the school uniforms in the laundry basket needing to be ironed.

Make your nanny feel valued

Your nanny is your employee, but she is also a valued member of your family. If she feels unappreciated, she will likely look elsewhere for work. It is not difficult to show your appreciation of her without crossing professional boundaries. Offering a bonus once or twice a year is a great way to make her feel important – this could be a monetary bonus, or some extra paid holiday time. Little things, like remembering her birthday and having the children make cards for her, will really make your nanny feel as though she is a welcome and valued member of your family.

Keeping hold of a good nanny is important, and not just for your own convenience. Having a constant stream of different caregivers is not good for children, who need to form attachments to those who look after them.