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.

Points to consider before signing a contract with your employee

Once you have decided to employ a nanny, and give them an offer letter, it is advisable to
include the key terms and conditions of the role, such as:
Job title,
Job description,
Days/hours of work,
Holiday entitlement,
Notice period,
Statutory payments,
Disciplinary and Grievance procedures
It is essential that all the terms and conditions of the employment are addressed in the form
of a contract of employment and this must be given to nanny to sign within 2 months of them
starting the position.
Once nanny accepts your offer of employment, you have entered into a legal arrangement,
(subject to satisfactory references) therefore the sooner a contract is drawn up between the
employer and the nanny, the better.

Qualifying Criteria for the Work Place Pension

Whether or not your nanny qualifies for the work place pension depends principally on your nanny’s age and their earnings.  The new law requires every employer to automatically enrol workers into a work place pension scheme if they are aged between 22 and the State Pension Age, and earn over £10,000.00 per annum.

If nanny is automatically enrolled in a pension, they can opt-out up to 30 days after the initial set up has been completed and get a refund on the amounts which have been deducted from their salary. They must complete and return an opt-out form and inform their pension provider.

If your nanny does not qualify to be automatically enrolled they still have the right to join a work place pension. This is known as a Non-eligible job holder.

Non-eligible job holder is an employee who doesn’t have to be automatically enrolled into a work place pension, but can ask to be joined into a pension scheme if so wish. If they do, both the employer and the nanny will have to pay into the pension pot each month.

The minimum auto enrolment contribution rates are currently 8% of qualifying earnings.  This is split between 3% which must be paid by the employer and 5% which must be paid by the employee.

Tax Free Childcare and Childcare Vouchers

Childcare vouchers will cease from the 5th October 2018 and thereafter the Tax-Free Childcare scheme will take over.

​You can get up to £500 every 3 months (£2,000 a year) for each of your children to help with the costs of childcare.

​​If you get Tax-Free Childcare, the government will pay £2 for every £8 you pay your childcare provider via an online account.

https://www.gov.uk/help-with-childcare-costs/tax-free-childcare

You can get Tax-Free Childcare if you and your partner (if applicable) are –

​​in employment or getting parental leave, sick leave or annual leave

each earning at least the National Minimum Wage or Living Wage for 16 hours a week – this is £131.36 if you’re 25 or over​

​This earnings limit does not apply if you’re self-employed and started your business less than 12 months ago.

​Your child must be 11 or under and usually live with you. They stop being eligible on 1 September after their 11th birthday.

​​Adopted children are eligible, but foster children are not.

​​If your child is disabled, you may get up to £4,000 a year until they’re 17. They’re eligible for this if they –

​​get Disability Living Allowance, Personal Independence Payment or Armed Forces Independence Payment

are registered as blind or severely sight-impaired

​You’re not eligible if either you or your partner has a taxable income over £100,000.

​Your childcare provider must be signed up to the scheme before you can pay them and benefit from Tax-Free Childcare.

Ofsted Registration Process

Nannies at present are not required by law to hold any childcare qualifications.

However if they wish to become part of the Voluntary Ofsted Childcare Register (OCR) they have the same requirements as a childminder, the only difference being is that they are caring for the children in their own home.

​To register, a nanny needs to complete online application via the Government Gateway website.

https://online.ofsted.gov.uk/OnlineOfsted

​​It will cost around £103 and needs renewing every 3 years.

​​As a nanny you will also need a Paediatric First Aid certificate, The Common Cores Skills and Knowledge in Childcare, Enhanced DBS Check and Public Liability Insurance.

 

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.

Continue reading “Working Time Regulations Explained”

What is the Nanny Share Tax Code Split?

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

The term ‘tax code split’ is where the nanny’s tax-free allowance is split proportionately between their employers so that all parties avoid paying basic rate tax on nanny’s gross pay.

If both employees agree a gross salary than a tax code split is not necessary, as all parties’ total costs will be protected, and each employer will be paying the correct deductions.

Continue reading “What is the Nanny Share Tax Code Split?”

Contract of Employment Advice for Nannies and Parents

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

All nannies are entitled to receive a contract of employment within 2 calendar months of their start date. It should contain the Terms and Conditions of employment, including the following:

Continue reading “Contract of Employment Advice for Nannies and Parents”

Student Loan Advice for Parents & Nannies

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

A nanny may have an outstanding student loan when starting work for a parent, this will either be noted on their P45 from previous employment, or HMRC will send a notice through to the parent or the parent’s payroll agent.

Continue reading “Student Loan Advice for Parents & Nannies”

Redundancy Advice for Parents & Nannies

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

If a parent was to make nanny redundant the nanny would be entitled to redundancy pay after 2 years of complete service. The parent should have at least one meeting with the nanny to discuss redundancy and if there are any alternative roles – part-time nanny/housekeeper or going from live-in nanny to live-out. A 4-week trial period at the alternative role must be offered. A nanny can tell the parent that the job is not suitable within these 4-weeks, and this will not affect the nanny’s right to statutory redundancy.

If a nanny unreasonably turns down a suitable alternative to the current job, they may lose the right to statutory redundancy.

If redundancy is the only option, a parent must give the correct notice period and pay: Continue reading “Redundancy Advice for Parents & Nannies”