Tag: employing a nanny

Court Orders

Our recommended partners at www.PayrollForNannies.co.uk provide payroll advice for
parents and have created this content.
Parents, you may during the course of nanny’s employment receive a Court order to make
deductions on her pay because of monies owed to a third party, this could be for unpaid
council tax, outstanding fines or from the child support agency.
As an employer it is then your responsibility to ensure that any such order is processed
correctly through nanny’s payslip and that the right deductions are made as per the order.
Any decent payroll provider will have the various different order types already installed on
their payroll software to ensure that the correct deductions are made.
Any payments to the relevant payee can either be made over the phone or via internet
banking and any instructions on how to make the payment are included with the order.
If you as an employer do not deduct the order from nanny’s wages you will be fined, it is
important to ensure that the correct deductions are made.

Things to consider when employing a non UK nanny

Our recommended partners at www.PayrollForNannies.co.uk provide payroll advice for
parents and have created this content.
It is important to make sure you take proper steps to make sure nanny can be employed
legally in the UK. If you do not you could face a £20,000 penalty or worst case scenario a 2
year prison sentence!
You must take a photocopy for identity check of a passport, birth certificate or national ID
card. We would always recommend you see an original version before taking a copy.
An EEA (European Economic Area), employers must check their right to work documents,
take a photocopy, and make sure they are from the EEA country.
For a more detailed guide:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_da
ta/file/441957/employers_guide_to_acceptable_right_to_work_documents_v5.pdf

Payment in Lieu of Notice (PILON)

Our recommended partners at www.PayrollForNannies.co.uk provide payroll advice for
parents and have created this content.
Payment in lieu of notice or (PILON) is when a nanny has been terminated from employment
and not required to work her notice.
In nanny’s contract you can stipulate that nanny’s employment can be terminated by PILON
immediately and payment in lieu of her basic salary will be paid for the notice period, then
you will not need to pay benefits and extra costs that accrue during her notice period.
If in the contract PILON does not specify the pay for this period or no mention to PILON in
the contract, then you as an employer will need to pay benefits and extra costs for this
period.
Tax and national must be deducted from PILON.
In the case of gross misconduct, PILON is not normally paid to the nann

Nanny Leaving

Our recommended partners at www.PayrollForNannies.co.uk provide payroll advice for
parents and have created this content.
Parents, as an employer it is your responsibility to inform HMRC when nanny leaves your
employment, this is done by an FPS submission via payroll software.
If you use payroll4nannies.co.uk we can handle this for you. The main problem we have
when nanny leaves, is that we get notified late that nanny has left. This means that we
submit to HMRC that nanny has been paid for a month when in fact she did not. This can be
corrected, but can lead to issues with nanny’s tax code in the meantime. The same can be
said for pensions. If we have not been told nanny has left, we will submit amounts to HMRC.
This can also be fixed but we will need to request the money back from the pension provider.
If nanny is leaving, you need to see if she is owed any holiday pay which she has accrued
and not taken, this would be paid in her final payslip. It also occurs nanny has taken more
than her holiday allowance, so the overpaid holiday needs to be deducted in her final
payslip.
It is prudent to detail in nanny’s contract that any holiday taken over her allowance upon
leaving will be deducted from her final payslip.
Once nanny’s leave date has been confirmed, you will need to confirm if any holiday pay is
owed or needs to be deducted, redundancy due or payment in lieu due, once confirmed
payslip would be finalised and a P45 can then be processed and submitted to HMRC.

Holiday Allowance for nannies

Our recommended partners at www.PayrollForNannies.co.uk provide payroll advice for
parents and have created this content.
A full time nanny is entitled to 28 days holiday (5.6 weeks) which includes bank holidays.
Employers are entitled to choose all the dates of holiday nanny should take, but in practice
nanny normally chooses 2 weeks while the employer chooses the other 2 weeks.
In your contract with nanny, make sure you ask for notice for nanny’s proposed holiday this
will allow you to find alternative childcare. Some employers ask for at least 4 weeks notice.
We would recommend you keep note of holiday taken paid or unpaid, just in case nanny
leaves part way through the year and has over taken on holiday. This way any unpaid or
over paid holiday can be paid/deducted in her final payslip.
If nanny works more than 5 days a week, their holiday entitlement is capped at 28 days. It is
not a problem if you agree more day’s holiday with nanny – this could be a condition of her
working for over a stated amount of time.
If nanny is part time, she is entitled to annual leave (28 days including bank holidays), but
pro-rated. So if nanny works 2 days a week, her holiday allowance is calculated:
2 days a week x 5.6 annual holiday allowance = 11.20 days holiday.
You must not round the holiday allowance down to 11, but can round it up to 11.5 days.
If nanny works different hours each week, you calculate her holiday pay by averaging her
last 12 weeks worked hours then multiply it by 5.6, this then gives you her holiday
entitlement in hours for the year and when she has a day’s holiday or was due to work on a
public holiday, whatever hours she was scheduled to work that day are then deducted from
her overall annual entitlement.

What You Need to Know About Employers Liability Insurance (ELI)

Our recommended partners at www.PayrollForNannies.co.uk  provide payroll advice for parents and have created this content.

ELI is a legal requirement for all employers in the UK, which is set by the Employers Liability (Compulsory Insurance) Act 1969.  As the employer, you must have insurance as soon as you employ a nanny.

Your policy must cover you for at least £5 million and come from an authorised insurer, as this will help you pay compensation if your nanny becomes ill or sustains an injury because of the work they do for you.

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Working Time Regulations Explained

Our recommended partners at www.PayrollForNannies.co.uk  provide payroll advice for parents and have created this content.

The law states that most workers should not have to work more than 48 hours per week.  This includes overtime. If an employee wishes to work more than 48 hours a week, they can do so, but the employer cannot tell the employee that they have to.

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