‘Help! I broke the teapot’ and other stories

CRASH! Silence…..Muffled swearing.

We’ve all been there, haven’t we? Broken something, possibly something precious? Ruined a shirt or a pair of trousers? Melted a colander? Blocked the loo?

When you’re in someone’s house for 50 hours a week accidents are almost inevitable, even without counting the added risk of small children running around. Frankly it’s amazing that there are so few accidents. But what do you do when it happens to you?

Continue reading “‘Help! I broke the teapot’ and other stories”

Online Safety Tips for Nannies

Over the past few years, we’ve seen a significant rise in internet fraud, phishing scams and other ‘traps’ that aim to trick victims into handing over money, providing sensitive information or even putting themselves in physical danger.

To help you stay safe when applying for your next nanny job, we’ve put together our top online safety tips for nannies:

Continue reading “Online Safety Tips for Nannies”

THE JOB RETENTION BONUS EXPLAINED

Our partners at www.PayrollForNannies.co.uk  provide payroll advice for parents and nannies and have provided this content. For more advice and support please get in touch with them.

In our review of Rishi Sunak’s Winter Economy Plan https://src-time.co.uk/government-announces-further-covid-19-support/, we referred to the Job Retention Bonus (JRB) which was announced earlier this year to sit alongside the Coronavirus Job Retention Scheme (CJRS), although it does not actually form part of it.  The Chancellor has decided that when the new Job Support Scheme (JSS) commences on 1 November, it will be possible to claim both it and the JRB. 

Background 

The Chancellor of the Exchequer announced the scheme in July 2020 as an incentive for employers to retain staff in respect of whom they were receiving CJRS payments, after the CJRS scheme had ended.   

The scheme comprises a one-off payment to employers of £1,000 in respect of every eligible employee for whom the employer has made a valid claim under the CJRS and who remains continuously employed through to 31 January 2021. 

The JRB payment will be subject to corporation tax or income tax, so the business must include the whole amount as income when calculating its taxable profits. 

Employers will be able to claim the JRB through gov.uk after they have filed their RTI returns for January.  Payments will be made to employers from February 2021 by direct bank transfer 

Qualifying employers 

All types of employers are eligible for the scheme including recruitment agencies and umbrella companies, as well as those private households operating a PAYE scheme in respect of domestic staff. The employer must: 

  • have a UK bank account 
  • have complied with their obligations to pay and file PAYE accurately and on time under the RTI reporting system for all employees to the end of January 2021; and 
  • be up to date with payroll obligations and have addressed all requests from HMRC to provide missing employee data in respect of historic CJRS claims. 

Employee eligibility 

Each employee must have been: 

  • furloughed and the subject of an eligible CJRS claim; 
  • continuously employed by the relevant employer from the time of the employer’s most recent CJRS claim for them, to 31 January 2021; and 
  • paid a total of at least £1,560 for the period 1 November 2020 to 31 January 2021. The employee does not have to be paid £520 in each month but must have received some earnings in each of the three calendar months that have been paid and reported to HMRC via RTI. 

Claims may be made for employees who are office holders, company directors and agency workers, including those employed by umbrella companies. These criteria must be met regardless of the frequency of the employee’s pay periods, their hours worked or rate of pay. 

Employees who have returned from statutory parental leave or who are military reservists returning to work after 10 June 2020, for whom a CJRS claim has been made, all qualify provided the other eligibility criteria are met, as do employees who are on fixed term contracts. 

Note that the employee must not be serving a contractual or statutory notice period, that started before 1 February 2021. 

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 and Private use of Car

If you have provided nanny with private use of a car, you need to inform HMRC straightaway. The quickest way is to complete a form P46 car

By notifying them straightaway, they will reduce nanny’s tax code the month she is given the car.

Failure to tell them when she has the car, will mean her tax code will be coded incorrectly causing an under payment.

Even though you have notified HMRC of the car via a P46 car, you will need to complete a P11d and pay Class 1A National Insurance on the benefit amount.

Please see link below

www.gov.uk/tell-hmrc-company-car

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.

Christmas Bonus

It is that time of year, you may want to give nanny a Christmas bonus, but remember it must be processed through the payroll!

As HMRC class this as taxable income.

If you have decided to give nanny a Christmas bonus, whether it be £50 or £1,000, you must declare it and it is subject to tax and NI.

If you have agreed a net bonus, there will be additional tax and national insurance on top of this amount. Whereas, if you have agreed a gross bonus, (please don’t give them that amount), as tax and national insurance will need to be deducted from that and you then pay nanny the net amount.

A gift such as a voucher, chocolates, wine will not be seen as a benefit in kind as long as it does not exceed £50.00.

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.

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.

 

SMP Statutory Maternity Pay

Holiday pay

Employees accrue holiday entitlement as normal throughout the maternity leave and this includes any bank holidays that may fall during that leave and this is a cost to the employer.

Any such holiday accrued is normally either taken or paid for at the end of the leave.

Antenatal classes

Employees are entitled to paid time off to attend these and except from the first appointment you can request proof of this.

If possible they should arrange these appointments at times she is not working although if full time employee this may not be possible.

Keeping in Touch Days

Employees are entitled up to 10 days classed as keeping in touch and any days worked are paid in addition to any paid SMP and is at a cost to the employer.

These days can be used for work and irrespective of the hours worked each day it is classed as a full day for Keeping in Touch purposes.

Pension

If employee contributing to pension when they go maternity leave their pension contributions will be based on the SMP paid, but the employers contributions need to remain at the same level they were on before the maternity leave started.

For example if the employers contribution was £15.00 then irrespective of the SMP paid the employers contribution would remain at the £15.00 throughout the maternity leave.