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.