Tag: parenting

Parental Bereavement Leave

As of 6th 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.

2020-21 NI changes

As an employer you will need to pay HMRC employee and employer Class 1 National Insurance based on nanny’s wage.

Employee national insurance is deducted from nanny’s gross salary, whereas employer’s National Insurance is an additional cost on top of nanny’s gross salary paid by the employer.

National Insurance is all based on the rates as below as per 6th April 2020:

 

Weekly Gross Wage Monthly Gross Wage National Insurance Paid  
£120.00 £520.00 0% lower earnings limit and employee not entitled to state   pension and as long as not working elsewhere does not need to be submitted to HMRC
£120-£183 £520-£792 0% lower earnings limit and NI threshold and needs to be submitted to HMRC as employee then qualifies for statutory payments
£169-£962.00 £732-£4,167 12% employee pays 13.8% employer pays
Above £962.00 Above £4,1687 2% employee pays 13.8% employer pays  

 

 

You pay this quarterly to HMRC along with nanny’s tax and student loan if applicable. If your PAYE bill is over £1,500 a month, you will have to pay your PAYE monthly to HMRC.

If nanny has more than one job, it is cost efficient to register separately as employers as each family will then get the benefit of the above exemption of national insurance.

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

 

 

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.

Nannies and your Company

I have my own company; can I pay nanny through my payroll?

No. Nannies are considered a personal employee and should not be under a company’s PAYE. Nannies should not be paid through your company, but through your own personal bank account.

Therefor you need to register yourself as an employer of a nanny and register nanny through this new company and process and submit payroll through this new company.

You can either do this yourself through HMRC or contact us at payrollfornannies.co.uk and we will then hopefully take the responsibility of doing this on your behalf

Unpaid Parental Leave

Eligible employees can take unpaid parental leave to look after their child’s welfare, for example,

spend more time with their children

look at new schools

settle children into new childcare arrangements

spend more time with family, such as visiting grandparents

Their employment rights are protected during parental leave.

Parental leave is unpaid. Employees are entitled to 18 weeks leave for each child and adopted child, up to their 18th birthday.

The limit on how much parental leave each parent can take in a year is 4 weeks for each child (unless the employer agrees otherwise).

You must take parental leave as whole weeks (eg 1 week or 2 weeks) rather than individual days, unless your employer agrees otherwise or if your child is disabled. You don’t have to take all the leave at once.

Employees qualify if all of these apply:

they’ve been in the company for more than a year

they’re named on the child’s birth or adoption certificate or they have or expect to have parental responsibility

Employees must give 21 days’ notice before their intended start date. If they or their partner are having a baby or adopting, it’s 21 days before the week the baby or child is expected.

Employees must confirm the start and end dates in their notice. Unless an employer requests it, this doesn’t have to be in writing.

How to Handle Their First Haircut – Tips for Parents

Taking your child to the hairdresser for the very first time might seem like a daunting experience, but with these top tips, it’ll be a smooth, enjoyable experience for both you and your child.

The first thing to remember is that there’s no set age as to when your child will need their first hair cut and that you won’t be about to lose their precious baby curls!

You only really need to cut your child’s hair if it’s starting to creep towards their eyes, if it’s irritating them in any way or if the fly-away sections of hair at the sides of their face start to look out of control.

If your child is ready for their first trim, remember these top tips:

Continue reading “How to Handle Their First Haircut – Tips for Parents”

Discrimination

It is against the law to treat someone less favourably than someone else because of a personal characteristic such as religion, sex, gender reassignment or age.

Discrimination can include:

  • not hiring someone
  • selecting a particular person for redundancy
  • paying someone less than another worker without good reason

You can discriminate against someone even if you do not intend to. For example, you can discriminate indirectly by offering working conditions or rules that disadvantage one group of people more than another.

Discrimination in Job adverts

You must not state or imply in a job advert that you’ll discriminate against anyone. This includes saying that you are not able to cater for workers with a disability.

Only use phrases like ‘recent graduate’ or ‘highly experienced’ when these are actual requirements of the job. Otherwise you could discriminate against younger or older people who might not have had the opportunity to get qualifications.

Where you advertise might cause indirect discrimination – for example, advertising only in men’s magazines.

Nanny and Additional Employment

When nanny gets an additional job whilst still in your employ, it is her responsibility to make sure her tax codes in each employment are correct.

As an employer, you could always notify her of her tax situation in your employment and what should happen in her 2nd job. This way you have mitigated any risk of an under payment for nanny and potentially your costs increasing if you have agreed a net wage.

If you are nanny’s main job and have the tax code 1250L for her, if she gets another job, Basic Rate tax (BR) must be applied in her other job.  This can be indicated by nanny completing a starter checklist and ticking statement C –

https://public-online.hmrc.gov.uk/lc/content/xfaforms/profiles/forms.html?contentRoot=repository:///Applications/PersonalTax_iForms/1.0/SC&template=SC.xdp

 

Bank Holidays

Bank Holidays 2020

2020 is upon us and it is always handy to have a list of the bank holidays for the year and what day of the week they fall on.

These are the dates of the bank holidays in 2020 for England.
1 January Wednesday New Year’s Day
10 April Friday Good Friday
13 April Monday Easter Monday
8 May Friday Early May Bank Holiday
25 May Monday Spring bank holiday
31 August Monday Summer bank holiday
25 December Friday Christmas Day
28 December Monday Boxing Day

 

If a bank holiday is on a weekend, a ‘substitute’ weekday becomes a bank holiday, normally the following Monday.

It is worth noting that if nanny does not work 5 days a week that she is still entitled to bank holidays on a pro rata basis, for example if nanny only works 3 days per week then she is still entitled to 3/5ths of the 8 bank holidays whether her working day falls on a bank holiday or not.