nanny contract – Page 6

Nanny contracts

If you’ve recently employed a nanny you should have signed a contract with them before handing over your children and the house keys, but you do have 2 months from the date your nanny starts work to provide your nanny with a written statement of employment so if you haven’t already then it’s not too late. You can find out more about the why and how of nanny contracts here and Nannyjob also provides 2 model contracts for you to download and use if you wish, and we’ve put together some additional pointers.

Agree a gross wage

As an employer you are responsible for deducting tax and National Insurance, leaving your nanny with their net pay. It’s important to put a gross wage in the contract so your nanny’s personal tax arrangements don’t result in overly-complex calculations each payment period.

Be precise about holiday

Each employee is entitled to 5.6 weeks holiday per year, which is 28 days for a full time worker and pro rata-ed down for a part-time worker. This includes any Bank Holidays, which means a full time worker will get 4 weeks plus 8 Bank Holidays. For part time workers the picture is more complex. A nanny who works Monday and Tuesday is entitled to 11.2 days (you can round up but not down) and will have 4 Bank Holidays on working days in 2014, leaving 7.2 days rather than 8 (which would be 4 working weeks) to choose. A nanny working Tuesday and Wednesday has only 1 Bank Holiday on working days in 2014, leaving 10.2 days of holiday. Allocating 4 working weeks or 8 days, would give less that the statutory minimum.

If your nanny works variable hours you might be better using an accrual method so both of you are clear in the contract how holiday will be worked out fairly.

Agree a list of duties

A written contract is the best reference for what duties have been agreed in case of any disputes further down the line. It’s also a useful tool for assessing and appraising performance, and if problems arise it gives clear indications of what can be considered poor performance for disciplinary purposes.

Define gross misconduct

In rare situations you may want to dismiss your nanny instantly without notice but there needs to be a provision in the contract for this. Common grounds for summary dismissal as a result of gross misconduct are child abuse, theft, using alcohol or illegal drugs whilst on duty and being found guilty of a serious criminal offence. Remember that if you dismiss your nanny for harming a child you have a responsibility to report that to the DBS.

Preparing for a new nanny job

What information do I need to have?

While it’s good practice for nannies to have certain information in writing there are no obligations, unless your nanny insurance states otherwise. Common requirements there are a signed contract, which proves you are permitted to be in charge of the child, and permission to administer over the counter or prescription medication. Other information should be in their red book, which should at least be stored somewhere you can access it, but do keep a record in your purse of their full names, dates of birth and important medical information just in case something happens when out and about.

Continue reading “Preparing for a new nanny job”

Nanny Contract: Why and How

When you hire a nanny, you become an employer. And as an employer, you will need to provide your nanny with a contract detailing important information about her responsibilities as your employee, and your responsibilities as her employer.

Why Do We Need a Written Contract?
Verbal agreements are legally binding, but they are open to interpretation. Furthermore, providing a written contract shows that you take your responsibilities as her employer seriously, and that is important. Feeling valued is a big part of being a happy nanny – and happy nannies are usually great nannies.

Employment law will protect both of you regardless of whether or not you have a nanny contract in place, but a contract is personal to your own circumstances. Employment law covers the basics.

What Should be Covered in a Nanny Contract?
There are two schools of thought here. Some believe that a nanny contract should be extensive, covering things like duties and house rules (if the nanny is live-in). Others say that the contract should cover the basics, and that the details of day-to-day tasks and responsibilities should be covered in a separate job description document. Either way, your nanny contract should always include the following points:

Your name and the nanny’s name
Place of work
Start date (and end date, if the nanny is filling a temporary position such as maternity leave)
Job title
Weekly working hours
Details of the nanny’s salary – including when and how often she will be paid
Details of the nanny’s holiday entitlement
Details of the nanny’s sick leave entitlement
Details of the nanny’s pension (if there is no pension plan, this should be stated)
Notice period
Probation/trial period (if there is one)
Information on disciplinary procedures
Details of sackable offences.

How Can I Be Sure Our Contract is Legally Satisfactory?
If you use a nanny agency to hire your nanny, they will be able to provide you with a sample contract that you can amend as necessary. If you wish to create your own contract from scratch, it may be a wise idea to seek advice from a professional.

The nanny contract should, ideally, be drawn up and signed by both parties (and the nanny provided with a copy) before the nanny starts work. In any case, the contract should always be dealt with within one or two months of the nanny’s employment start date.

What If We Want to Change the Contract?
If you and your nanny wish to change any terms on your nanny contract, you are free to do so at any time. A new contract should be drawn up and signed by both parties, making the old contract obsolete.