Nanny Contract: RESPECT – Rights, Earnings, Space, Professionalism, Expenses, Choices, and Time

Respect

Ask most nannies what they want in a job and they’ll tell you that what really makes a difference is respect. But what is respecting your nanny when all is said and done? We’ve come up with R.E.S.P.E.C.T. to help you respect your nanny.

Rights
Nannies have the same employment rights as anyone else and they don’t appreciate employers trying to cut corners. They are entitled to National Minimum Wage if live out, 5.6 weeks paid holiday per year, statutory sick, maternity, paternity and adoption pay, time off for ante-natal appointments, a contract, redundancy pay, notice of the end of employment and a whole lot more.

Earnings
While nannies of course love looking after children it is their job, and they expect to be paid the correct amount, on time. If you’re not sure how much to pay your nanny and how much goes to the tax-man, think about engaging a professional payroll company to manage it for you. They’ll produce the payslips too, which help your nanny keep track of their earnings.

Space
Live in nannies especially need their space respected. Their room should be for their use only, not extra storage for you or an additional guest room when they’re away. But respecting space isn’t just about physical space – it’s also about not contacting your nanny outside work hours unless it’s an emergency and allowing them to have a personal life that you don’t know about.

Professionalism
Nannies rarely give advice unless its asked for but they may make suggestions on ways to manage behaviour or translations. Respecting your nanny’s professional knowledge and experience makes for a happy relationship. Professional nannies are also capable of getting on with the job and don’t need micro-managing. Respect your nanny’s daily routines and timescales as long as everything is accomplished.

Expenses
No-one likes being out of pocket for work and nannies are no exception. If a nanny has paid for something out of their own pocket then the respectful thing to do is pay them back promptly.

Choices (decisions)
When parents don’t respect and back-up the choices a nanny makes, children learn they don’t have to respect the nanny either. If nanny said no biscuit then respect the choice they made, even if it’s not what you would have said. If you do disagree with a choice your nanny has made, be respectful and approach them about it in private.

Time
Respecting your nanny’s hours is one of the simplest things you can do to show respect. Allow them to start work on time a be home for them to finish on time. Their finish time is the time they should be able to walk out the door, not the time you get home and start a run-down of the day.

Image © Photographer: Freds | Agency: Dreamstime.com

How Nannies Can Help with Back to School

Back to school is often a nightmarish time for working parents. At a time of year where colds, illness, and head lice are rife, not to mention tantrums and an unwillingness to go back to school, it’s a time where your nanny can make the difference between a bad day and a great day.

We’ve put together our top tips for both nannies and parents to help with the back-to-school transition.

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A Nanny’s Guide to Staying Healthy

Life as a nanny can be hectic and exhausting. You spend all day taking care of the family you work for, but who takes care of you?

If you want to do your job well, and more importantly, live a healthy life, it’s important that you take good care of your health and well-being to avoid getting ill or simply burning out.

Follow these 5 tips to help keep your health in tip top condition:

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Why You Shouldn’t Micromanage Your Nanny

Many of us are familiar with the frustration that comes along when your boss or manager constantly breathes down your neck telling you how to do your job. It’s undermining, infuriating and annoying, and if done often enough, it can make you hate your job.

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Now imagine how your nanny feels when you tell her exactly what time she needs to put your child down for a nap, how many grapes he can eat, which games she should play with him, even what shape to cut his sandwiches. Sound familiar?

Your nanny is good at her job. You checked her references, read her resumé and can see she knows what she’s talking about. Bear in mind that a great many nannies have more experience with childcare than most parents have at simply being parents. She’s been doing the job a long time, it’s her life, her passion, and you need to learn to let go of the reigns a little and trust her judgement.

It probably won’t be easy, especially if you’re a new parent, it can be difficult to relinquish control to someone new and to put faith in them being able to care for your little one the way you would. However, if you don’t do this, there’s really no point in hiring a nanny in the first place and all your micromanaging will result in a frustrated nanny, a tense relationship between you and your nanny (that your child will probably pick up on) and you’ll find yourself feeling tired and on-edge, when you should be more relaxed and confident that your child is in capable hands.

That’s why we’ve put together our top tips to help keep your micromanaging to a minimum:

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NEW CALCULATION METHOD FOR FOR CJRS AFTER 1 AUGUST

From 1 August 2020, the level of the CJRS grant paid to employers will be reduced each month. To be eligible for the grant employers must pay furloughed employees 80% of their wages, up to a cap of £2,500 per month for the time they are being furloughed.

The timetable for changes to the scheme is set out below. Wage caps are proportional to the hours an employee is furloughed. For example, an employee is entitled to 60% of the £2,500 cap if they are placed on furlough for 60% of their usual hours:

There are no changes to grant levels in June.
For June and July, the government will pay 80% of wages up to a cap of £2,500 for the hours the employee is on furlough, as well as employer National Insurance Contributions (ER NICS) and pension contributions for the hours the employee is on furlough. Employers will have to pay employees for the hours they work.
For August, the government will pay 80% of wages up to a cap of £2,500 for the hours an employee is on furlough and employers will pay ER NICs and pension contributions for the hours the employee is on furlough.
For September, the government will pay 70% of wages up to a cap of £2,187.50 for the hours the employee is on furlough. Employers will pay ER NICs and pension contributions and top up employees’ wages to ensure they receive 80% of their wages up to a cap of £2,500, for time they are furloughed.

	July	August	September	October
Government contribution: employer NICs and pension contributions	Yes	No	No	No
Government contribution: wages	80% up to £2,500	80% up to £2,500	70% up to £2,187.50	60% up to £1,875
Employer contribution: employer NICs and pension contributions	No	Yes	Yes	Yes
Employer contribution: wages	–	–	10% up to £312.50	20% up to £625
Employee receives	80% up to £2,500 per month	80% up to £2,500 per month	80% up to £2,500 per month	80% up to £2,500 per month

For October, the government will pay 60% of wages up to a cap of £1,875 for the hours the employee is on furlough. Employers will pay ER NICs and pension contributions and top up employees’ wages to ensure they receive 80% of their wages up to a cap of £2,500, for time they are furloughed.

Employers will continue to able to choose to top up employee wages above the 80% total and £2,500 cap for the hours not worked at their own expense if they wish. Employers will have to pay their employees for the hours worked.

COVID-19 PLANNING – THE SECOND WAVE

Many medical experts are predicting a second wave of the COVID-19 Pandemic, which may arrive in the autumn as temperatures fall.

Although we do not want to try to predict the future, we examine a few possibilities and suggest some planning ideas.

Government Support resumes

Since the software and legislation is in place for both CJRS and SEISS, it would be relatively straightforward for the government to reactivate the schemes, perhaps with a smaller percentage of state support or in the case of CJRS, with an enhanced contribution from employers.

It may be argued that this would prove ruinously expensive for the country, but government borrowing can be scheduled over decades, as were war debts from WW1 and WW2. Of course, the government may raise National Insurance (NI) and tax rates to recoup some of this expenditure. There have even been rumours of a Net Wealth Tax being introduced.

The continuation of bank loans guaranteed by the government such as Business Bounce Back Loans and Coronavirus Business Interruption Loan Scheme could be another tool in the hands of the Treasury.

Government Support is not resumed

In this case there will be considerable issues for those businesses which are dependent on government support which may need to carefully consider their future.

Parental Bereavement Leave

As of 6^th of April 2020, the government have introduced a new entitlement called Parental Bereavement Leave and Pay.

Under this leave/pay, parents who lose a child with a day-one employment right can take 2 weeks off work. These 2 weeks are at a statutory rate of £151.20 from April 2020.

Parental Bereavement pay is for adoptive parents, parents of a child born to surrogate, parents who are fostering to adopt and individuals caring for a child in their home, continuously for a period of 4 weeks ending with the date of death.

Parents will be able to take the leave as either a single block of 2 weeks, or as 2 separate blocks of one week each taken at different times across the first year after their child’s death. This means they can match their leave to the times they need it most, which could be in the early days or over the first anniversary.

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

Nanny Tips: Dealing with Disagreements

Every nanny’s dream is finding a family to work for, long term, that they click with. The reality is that sometimes, even when a nanny has found that family, disagreements will still occur. This is to be expected, and is usually nothing to worry about.

In much the same way as your personal relationships, disagreements and issues within working relationships needn’t spell the end of the relationship. Most of the time they can be dealt with easily and with the minimum of drama.

Dealing with these disagreements in the right way is vital to maintaining a healthy working relationship with the family. Following are some tips to help you deal with them, or avoid them altogether.

Make sure you have a contract

An in-depth nanny contract is the most effective way to prevent disagreements and issues occurring. Although verbal contracts are legally binding, they are open to interpretation so it is important that your agreement is put down in writing and signed by all parties. Insist that a contract is drawn up and signed as soon as possible after starting work, preferably before you start – and definitely by a month or two after your start date. Be sure to keep your copy safe.

Check your contract

If you find yourself disagreeing with the parents over something like holiday or house rules, check the contract over. It is easy to forget small points, especially things that may not have stuck out in your mind when the contract was drawn up. The disagreement could be down to a simple misunderstanding on their (or your) behalf.

Be upfront from the beginning

Before you agree to work for a family, be sure to inform them of anything that could affect your ability to work the hours they require, if you have any holidays booked, or anything else that affects your work. If these things are dealt with early on, they shouldn’t cause a problem later on.

Don’t wait for resentment to build

If something has bothered you then you need to be politely honest about it before it becomes a huge issue in your mind. The problem might be something small and easily fixed – for example, the parents unthinkingly allowing the children to wake you up on a Saturday morning when you’re off-duty – or it may just be the product of a misunderstanding. Either way, dealing with issues in a friendly manner, if and when they arise, is far preferable than hoping the problem will go away by itself. That very rarely happens, and you will end up feeling resentful and angry towards the family.

Give plenty of notice

If you need some time off that hasn’t been pre-arranged with the family, make sure you broach the subject with plenty of time to spare. They may not be able to fulfil your request but they have much more chance of doing so if they have enough time to organise alternative childcare, and they will appreciate the effort of giving plenty of notice.

Change to Payslips from April 2019

Some employers may not be aware that there was a crucial change to the Employment Rights Act 1996 coming into effect at this date as well.

The change affected anyone who receives a payslip. Employers are obliged to present all their workers with an itemised pay statement. This applies to not just “employees” but also “workers” who may not currently be processed through the payroll system and should provide a greater degree of transparency for the worker to establish the hours of work for which they are being paid. More information on employment status can be found here: https://www.gov.uk/employment-status.

On top of that, in the case of employees whose pay is dependent on the time worked, the number of hours worked must be shown on their payslip.

What do you need to do?

Employers must provide payslips for ALL their workers from April 2019. They must also “include the hours worked on itemised pay statements, but only if the pay varies as a consequence of the time worked”. So those staff filling out timesheets with fluctuating hours will need those hours displayed on every payslip.

The employer must either:

Show the combined number of hours worked for which payment is being made; or
• Itemise the figures for different types of work worked and/or different rates of pay.

Similar to National Minimum Wage (NMW) implementation, the new amendment will not apply to wages, or salary paid in respect of a period of work, which commences before the date the order comes into force on 1st April 2019

The reason for these changes is that by introducing these changes the Government hopes to reduce the NMW violations and encourage better transparency, which in result will lead to workers being more in control of their rights.