Tag: nanny employer relationship

Nannies and contracts

This post is designed to help nannies understand contracts. You can find a post aimed at parents here!

Why do I need a contract with my nanny family?

A contract or some form of written statement is a legal requirement within 2 months of starting a job. It’s also protection for you because it means the terms of your employment are agreed and written down, and your nanny insurance may need you to have a contract in place before it will cover you.

 

What goes in my nanny contract?

As a minimum:

Your name and your employers’
Place of work
Start date (and end date, if a fixed term position such as covering another nanny’s maternity leave)
Job title
Weekly working hours
Details of the salary – including when and how often you will be paid
Details of the  holiday entitlement
Details of the  sick leave entitlement
Details of the pension (it’s a good idea to list arrangements for the future if your employers have their staging date)
Notice period
Probation/trial period (if there is one)
Information on disciplinary procedures
Details of sackable offences

Many nanny contracts also include:

Job description and duties, benefits, details of live in accommodation (if applicable), arrangements for using your car and mileage payments (if applicable) and a confidentiality clause.

 

Where do I get a contract?

It’s your employer’s job to provide you with your nanny job contract. If they are using a payroll company or an agency they may have a template provided. If not, you can show them the example contracts from the nannyjob.co.uk site.

Employed or self-employed?

This is a question which comes up a lot and there isn’t really a short answer. Employment status depends on each individual job. Being self-employed for one activity doesn’t mean that a nanny is self-employed for all jobs. Some nannies may find that they are employed part of the week by a family that they work for regularly and self-employed part of the week working with lots of different families. We’re going to look at some of the indicators of employment status that HMRC use to assess status and the pros and cons of being self-employed for nannies and parents.

  • Do they have to do the work themselves?
  • Can someone tell them at any time what to do, where to carry out the work or when and how to do it?
  • Can they work a set amount of hours?
  • Can someone move them from task to task?
  • Are they paid by the hour, week, or month?
  • Can they get overtime pay or bonus payment?

Nannies are usually:

–  required to look after the children personally

– required to follow the reasonable instructions of their employer, in a place determined by their employer and at a time chosen by their employer

–  contracted for a set amount of hours per day or per week

– able to have their job description changed by their employer

– paid hourly, weekly or monthly

–  paid extra for overtime and may receive a bonus

 

 

  • Can they hire someone to do the work or engage helpers at their own expense?
  • Do they risk their own money?
  • Do they provide the main items of equipment they need to do their job, not just the small tools that many employees provide for themselves?
  • Do they agree to do a job for a fixed price regardless of how long the job may take?
  • Can they decide what work to do, how and when to do the work and where to provide the services?
  • Do they regularly work for a number of different people?
  • Do they have to correct unsatisfactory work in their own time and at their own expense?

Nannies are not usually:

–  able to hire an assistant, unlike childminders

– required to risk their own money

– expected to provide the major pieces of equipment, such as a pushchair

– paid fixed price regardless of length, they are paid hourly, weekly or monthly and have fixed working hours

– able to decide the manner, timing and location of the work, the parents usually decide the hours required

– required to correct unsatisfactory work or finish tasks on their own time, they are typically paid overtime

The only criteria for self-employment a nanny may meet is working reguarly for a number of people.

 

So it’s clear that the majority of nannies working regularly with a family in a permanent position are employed. Even if a nanny works for 5 different families, each on a fixed day each week they are still likely to be employed by each of those families as employment is determined on a job by job basis.

 

Temporary nannies and specialists such as maternity nurses or behaviour consultants may meet certain additional critera. They may have risked their own money to undertake necessary specialsit training without a guarantee that they will be successful in finding work. They may decide the hours and days that they are available. They may agree to work for a fixed fee for an unspecified length of time.

 

Although self-employment can seem an attractive prospect it’s important to fully understand the implications for nannies and parents.

 

Pros for nannies:

You are in control of the times and days you work, so you can dictate when you will take time off and arrange to care for other children at the same time.

Some of your business expenses such as training and insurance can be offset against tax.

 

Cons for nannies:

You do not get sick, maternity or holiday pay.

You are not paid mileage.

You need to carry out a self-assessment each year for tax purposes, which means keeping accurate records.

You need to invoice parents for the work carried out.

You do not have a secure income.

 

Pros for parents:

You pay-as-you-go and are not liable for holiday, sick or maternity pay.

You don’t pay mileage – a self-employed person charges an all-inclusive rate which covers their expenses.

 

Cons for parents:

The overall cost is likely to exceed the gross wage agreed with an employee, as self-employed nannies need to put money on the side to pay their tax and national insurance and to cover periods without work.

If HMRC decide you should have been employing your nanny you will need to backpay the tax and National Insurance plus a fine which can be equal to that amount.

Your nanny can decide they are not available to work, leaving you without childcare.

Your nanny can make arrangements to substitute someone else in her place.

Your nanny is not obliged to provide exclusive care for your children as long as she does not exceed two families at any one time.

You don’t have the same level of control over your children’s day.

 

 

The less than perfect pram

Buying a pram is a huge decision for parents. In fact it’s probably the baby buy that they spend the most time on and among the most expensive items. Parents to be consider their comfort, what they will use the pram for and whether it will fit in their car….. but understandably they haven’t thought about their nanny.

 

Telling parents that you don’t like their pram is one of the most awkward things to do. You might be worried that you come across as petty or picky but a pram is an essential piece of equipment that you are likely to use every day and if you can’t push it comfortably, fold and unfold it, or fit it in your car then you need to tell them sooner rather than later. In a way it can feel like you’re questioning their parenting choices, because a pram is after all not just a mode of baby transport. It’s a very obvious signal to the rest of the world of the image that they want to project and their ideas may not mesh with what you know is comfortable for you. So how do you go about it?

In this case honestly is the best policy and make it clear that these are your personal feelings about an inanimate object, so rather than saying ‘your pram is really heavy’ try saying ‘I find the pram really heavy’. Offer workable solutions: ask them to teach you how to put it up and down, suggest that you take the bus instead of using your car or that they get a ‘car buggy’ for days out and you can use their pram when walking. If the handles are too high you can approach it in a joky manner, but don’t underestimate how serious a problem it is for you in the long term.

If you know of any affordable replacements then if they offer to get a new pram you can be ready with suggestions that will suit everyone. One of the biggest issues is height difference so if you’ve done some research don’t make the same mistake and forget about your very tall DadBoss!

Smart socialising for nannies

One of the biggest concerns for nannies and parents alike is that nannying can be isolating for both nanny and child. Social contact is important for all human beings and as well as giving children the opportunity to play with others, going to groups and setting up playdates also gives nannies the opportunity to model social skills and how to form healthy relationships. But if you’re new to having a nanny or new to an area, how do you get started?

 

Have clear expectations

Whether you’re a parent or a nanny the interview process is the time to test out the other party’s take on socialising. It’s a question that might throw first-time employers but it can be helpful to remember that nannies don’t have coworkers and benefit from some kind of adult contact during the day so although it might feel like they’re asking to have their friends over to drink your coffee that’s not really the case, they just happen to have a network of ‘colleagues’ that they can take from job to job. There are no hard and fast rules , the most important thing is that both sides are happy with what is agreed.

 

Nannies don’t just have to see nannies

Sometimes new nannies can get hung up on only soicalising with other nannies and miss out on all the other social possibilities out there. While it can be great to meet up with someone who understands where you’re coming from, parents and childminders at groups with similar aged children can also enrich your social circle and at the end of the day playdates should be for children.

 

Be pro-active

Although there is a lot to get to grips with when you start a new job, be pro-active about finding social opportunities. Posting on the Nannyjob Meet Other Nannies messageboard or joining our social club for nannies can help you find nannies working near you and the Places to Go section will help you find activities in your area. Searching for groups and

 

Different social circles or friends in common?

This is probably one of the trickiest social situations to navigate. Are you happy to meet up with your boss’s NCT group and are they comfortable with that? Would you prefer that your nanny only meets up with people you know during work hours? What about playdates for school aged children? What about nannies who only work part-time? Again there are no hard and fast rules but communication is key to finding something that works for both of you!

Christmas presents for childcarers

Want to show your childcarer(s) how much you appreciate them but stuck for ideas? About to nip to Tesco to stock up on tins of Roses or bottles of vino? Hold on just a second and read our handy guide to buying something special for those other special people in your child’s life.

The task of buying for nursery staff can be daunting. Most parents opt for a a special something for their child’s keyworker and a joint gift for the staff in the room – a hamper with teas, herbal teas and coffees or some nice handwash and hand cream. They’re probably overflowing with chocolates and wine so think outside the box a little. Individual pamper hampers are a nice personal gift if you don’t have too many people to buy for or  individual cards with a voucher or gift card for an appropriate store will be appreciated too.

‘I didn’t know what to get the staff at nursery so I bought a plant for the staffroom and decorated it with cards and an ornament for each of them to take home’.

 

You’ll probably know a childminder or nanny better and be able to find something to their taste – a good book, tickets to a show or a gadget you know they’ll love. Unless you know that they love a particular type of chocolate or are partial to a nice G&T of an evening, try to avoid chocolate or alcohol based gifts. Equally a photo of your children, while very sweet, is unlikely to make them light up. They love them very much but chances are they have plenty of photos already. Cash always goes down well but it can feel awkward trying to decide an amount if it’s their only present- 1 week’s salary is a good guide for a nanny.

‘I gave my nanny a KitchenAid , which was less than a week’s salary but far more appreciated, and  a lift home so she didn’t need to take it on the tube!’

 

It can be more difficult giving cash to childminders, and if you’re strapped for cash a week is a lot of money, but if you do then make it clear it’s for them to spend on themselves. Sometimes the best gifts combine the practical with the personal – a case for an iPad or a smart hat and gloves set if you notice theirs are looking a big tatty. A token gift that you’ve put a lot of thought into is worth far more than an envelope stuffed with banknotes.

‘Our childminder is a big tea drinker but I know she restricts her cuppas to when my active 2 year old can’t charge into her and knock them over. I got her a spill proof insulated mug which came in handy when he dropped his nap.’

 

For a casual babysitter an extra bit of cash is probably most appreciated, tucked inside a nice card. If you prefer to give a present rather than slip an extra tenner their way then think about their interests or what they’ll find useful- if they’re a student then funky notebooks or pens for use in lectures may brighten up their day.

‘My babysitter is a retired lady who lives a few doors down and has a beautiful garden. We got her a new pair of gardening gloves and some handcream so she can keep up the good work.’

 

If a carer has their own children with them at work you might want to buy a token gift for them as well. This doesn’t need to be expensive but will be very well received by the children and the thought and effort will be appreciated by your carer too.

Whether you give a significant gift or not,  put the effort into making a card with your children – the glitterier and messier the better – and send a card from yourself as well with a note saying how much you appreciate them! That’s a gift that keeps on giving.

The nanny diary: Day 5

This post brings us to the end of our series following a nanny and a mother through the first week of a new job. If you missed the first posts you can find them here: Day 1, Day 2, Day 3, Day 4. And if you’re interested in writing a guest post or a nanny diary of your own then get in touch!

Nanny:

I felt really nervous all day with the chat looming in the evening.

I had questions of my own:

Do you still want me as your nanny?

Is there anything I did this week you would prefer I did differently? Is there anything I didn’t do?

I’m glad to say they still want me! And no major changes to be made! Which is a huge weight off my mind because nannying is such a personal job that when it doesn’t work out you feel like someone has broken up with you. Three more weeks of the probationary period to go still but a good start. It turns out it wasn’t anything bad at all, she just wanted time to think about real solutions to the stuff I’d raised throughout the week and I get the feeling that’s more her style than giving a quick yes or no answer, which I’m glad I discovered now before I need to ask something really important. Plus we’re probably getting a double pushchair and I’ve got a budget and free reign to choose two to show MB which I think is a really good sign, because if they didn’t want me to stay they wouldn’t be prepared to spend money on something they don’t really want, right?

Overall today was better than yesterday. No tantrums at least and I was super-efficient at getting all the jobs done.  I’m speeding up on the school run and probably getting fitter as a result and learning just how much leeway there is in the routine. It’s amazing how fast things become second nature, although I still need to check the schedule every morning before we start to make sure both boys have what they need for the morning even if I’ve put it ready the evening before.

I checked the calendar for the next month as well to give myself a heads up on anything important and it’s charge number 3’s birthday in two weeks, which brings a whole new load of challenges, not least how her siblings are going to be able to make her a card without her finding out! I’m really enjoying having such a busy job again. It’s a totally different kind of challenge.

Mother:

It’s Friday! And I don’t have piles of laundry! And the bedrooms are clean and tidy! I’m never letting this woman leave. That’s all!

How to keep your nanny – 10 ways

A while ago we posted a tongue in cheek post ‘How to lose your nanny in 10 days‘. Hopefully you’ve avoided making most of these mistakes and have a happy, settled relationship with your nanny. As the festive season looms (to be followed by that horrid January slump) we thought now might be a good time to look at ways you can keep your nanny happy.

  • Remember that one-off gestures are all well and good but the best way to keep your relationship (be it with your nanny or anyone else in fact) is constantly paying attention to the little things. Respecting your nanny will go a long way to ensuring their happiness and if you don’t have time to click on the link RESPECT stands for Rights, Earnings, Space, Professionalism, Expenses, Choices and Time. It’s worth just repeating that last one – your nanny’s finish time is the time they should be walking out the door, not the time you walk in. If you find yourself being persistently late then consider extending your nanny’s hours and paying for that time.
  • Make allowances, because your nanny is a person too, for the occasional late start (whether it’s a public transport mishap or a sleepy alarm clock) or off day. Allowing them to go early on occasion will make them a lot more tolerant of your occasional lateness (be it public transport or a meeting that overruns).  An unscheduled early finish rates pretty highly among the various perks nannies get, by the way! In the same vein appreciate the restrictions your nanny has on their time and let them run personal errands during work hours occasionally.
  • Get them a takeaway when they babysit, and if you have a netflix account or similar encourage them to use it. Or if they prefer to cook for themselves leave a bit of extra cash so they can pick up some special ingredients and have a nice meal.
  • Don’t skimp on sick pay if you can afford it. The odd bug happens to everyone and it’s doubly unfair for a nanny to have an unpaid sick day because they’re throwing up as a result of your little darlings’ generosity with their germs.
  • Let them use the stuff in your house. If you have a Kenwood Chef or a KitchenAid stand mixer and an enthusiastic baker for a nanny who’s planning to make her best friend’s birthday cake with a hand held beater from Tesco then let her use your kitchen one day. If their washing machine breaks down then instead of letting them trek to the launderette put your washing machine temporarily at their disposal. It might bump up your bills a bit but it’ll bump up goodwill even more.
  • Invite your nanny as a guest to significant events for the children like birthdays and christenings, unless you want them to work in which case pay them overtime. Chances are they won’t come but most nannies will appreciate that you think of them as part of the family.
  • Remember them on their birthday and at Christmas (or equivalent major religious festival that you or they celebrate). You don’t need to give an extravagant gift or a month’s salary as a bonus to show your appreciate them and all the work they do. Something small and personal with a voucher for their favourite store will probably go down well. Photographs of your children in expensive frames, while lovely to look at, aren’t a winner unless it’s a leaving gift.
  • Review their performance and their pay once a year. If you can’t afford a pay rise then try and show them you appreciate their work in another way, or give them some extra holiday as a reward for staying with the family. The very least you can do is point out what a great job they’ve done through the year and all the times you’ve noticed and appreciated them going the extra mile. 
  • Recommend them if they want extra babysitting and you know someone who wants a sitter. If your nanny doesn’t want to babysit then point your friend in the direction of our free babysitting section!
  • Finally…. Say thank you. Every day. Without fail.

Nannies and pregnancy

Over on our Facebook page  we’re always happy to post queries on behalf of nannies wanting other readers to share their experiences. Recently one nanny contacted us with the happy news that she was pregnant, wanting advice on how to tell her employers and what her rights were. As a nanny getting pregnant isn’t an uncommon situation but one which can be complicated for employer and nanny alike we’ve put together a handy at-a-glance post covering the main issues for a pregnant nanny.

When do I have to tell my employers?

The law says employees, which includes most nannies, must inform their employer about their pregnancy by the 15th week before their expected due date, which is 25 weeks pregnant. Your midwife will give you a form, known as a MATB1, to give to your employers around 20 weeks.

In reality many nannies choose to tell their boss earlier, often after the 12 week scan. Some choose to tell their employers almost as soon as they find out because they have a very close relationship. In this case you will need a letter from your doctor or midwife as proof of pregnancy.

Choosing to tell your employers earlier means they can carry out a risk assesment on your job sooner, you invoke your right to paid time off for ante-natal care and you have protection from dismissal due to pregnancy related illness (which may be important if you suffer from hyperemesis gravida or SPD/pelvic pain).

What does a risk assessment for a pregnant nanny involve?

As a nanny’s job is so varied it’s impossible to give specifics here, but as an example an employer of a pregnant nanny may need to consider the impact of lifting a baby or toddler, the likelihood of contact with infectious diseases

Can I keep working during my pregnancy?

Yes, nannies can keep working as long as they want or are able to. Your employer has a duty of care towards you, which includes making reasonable adjustments to your job to allow for your pregnancy.

When can I go on maternity leave?

You can start your maternity leave any time after the 29th week of pregnancy. The live birth of your baby at any point in pregnancy will also trigger the start of maternity leave, as will a stillbirth after the 24th week of pregnancy or pregnancy related sickness after the 36th week of pregnancy.

Will I be paid on maternity leave?

As an employee nannies are entitled to 6 weeks at 90% of full pay, and 33 weeks at the current rate of Statutory Maternity Pay or 90% of their average weekly salary during the qualifying period, whichever is the lower figure providing they have worked for the family for 26 weeks before the 25th week of pregnancy. Nanny employers usually count as small employers for tax purposes and can reclaim 100% of the amount paid to the nanny plus a small percentage to cover the employer’s NICs.

If you don’t qualify for SMP you can claim Maternity Allowance. Your employer should notify you of this by giving you form SMP1.

Where you have two or more jobs you are entitled to receive SMP for each job where you qualify to receive SMP. In this case you’ll need to submit a copy of your MATB1 form to each employer.

How much maternity leave do I get?

Nannies are entitled to 26 weeks Ordinary Maternity Leave and 26 weeks Additional Maternity Leave, a total of 52 weeks. You can choose to take less, but must take at least 2 weeks after the birth. When you start your maternity leave you should inform your employer of your expected return date, and you can change this at any point with 8 weeks notice.

What happens to my holiday?

You continue to accrue holiday while on maternity leave, so if you take a year of maternity leave you can take that time at the end of your maternity leave.

Can I work during my maternity leave?

You cannot take on any new employment during your maternity leave and still receive SMP but you can do up to 10 Keeping In Touch days with your employer without losing your right to SMP.

Do my employers have to keep my job open for me?

You have the right to return to your job under the same terms and conditions after Ordinary Maternity Leave. If you take Additional Maternity Leave then your employer must offer you your old job or a similar job with the same (or better) terms and conditions.

Can I be made redundant because I am pregnant?

An employer cannot make their nanny redundant because they are pregnant. That would be discrimination. However a nanny’s maternity leave may cause employers to substantially change their childcare arrangements, resulting in redundancy (for example deciding to use a childminder or after-school club).

If your job has changed slightly, e.g. it has become a part time job, then you have the right to be offered this job ahead of anyone else.

Do I have the right to bring my child to work?

No, a nanny does not have the right to bring their child to work but this can be negotiated with employers.

What happens if I’m in a nanny share and want to return to work with my child?

In a nanny share a nanny cares for the children from two families at the same time. The nanny’s child would count as a third family and this would mean registering as a childminder under the Children’s Act 1989.

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.

When it doesn’t work out

Last week we posted about the ‘two week itch’, that point where the reality of your new job (or nanny) sinks in and you start to find things that you’re not happy with. Hopefully these issues can be resolved by communicating openly about your feelings and expectations and you can move forward happily. Unfortunately sometimes the situation doesn’t improve and you’re faced with a choice of bringing the arrangement to an end or persevering but being unhappy.

In a tough market it can be difficult to take the brave decision to give notice. If you’re still in the probationary period the contractual notice may be very short – perhaps one week instead of four, which doesn’t leave much time to find a new job or find a new nanny. You can give more notice that the minimum required but it’s good practice to agree on an end date and stick to that.

Notice should always be given in writing. You don’t need to give your reasons in the letter, but we would strongly recommend having an honest conversation about why you’re choosing to move on. It’s possible that you can still find a way forward, but equally if you just feel that you’re not a good fit for each other then be open about that. Sometimes it can be difficult to put your finger on exactly what’s up but things you can’t measure such as how similar your childcare styles are or how well a nanny has bonded with the children are very important to a good relationship.

Working through the notice period might feel awkard, because in many ways giving notice is personal rejection. Some employers may choose to pay in lieu of notice and it’s not uncommon to feel concern about a nanny’s commitment to the job once notice has been given by either party. Equally nannies might feel that the trust in the relationship has been broken and that can affect their work and allow resentment to build up. It’s still important to remain polite and respectful and work together for the benefit of the children. Maintaining an effective working relationship in dififcult circumstances is a sign of professionalism and maturity.

Some employers will take the notice period into account when writing a reference and some won’t. Some will refuse to provide a reference altogether but that can leave a nanny in a tricky situation. Employers should be prepared to at least provide a written reference confirming dates and duties, and if it was the employer’s choice to give notice and the reasons for terminating the contract are mentioned in a verbal reference they should make sure these were raised with the nanny and the nanny given opportunities to improve. Where the job was obtained through an agency the agency should be able to confirm to any future employer that it’s not a suspicious gap on the nanny’s CV.

If you need to have this difficult conversation then choose a time when the children are occupied and not just as one of you is about to rush out the door. It’s usually better to put it off for day but have the time to talk. Never leave a letter for the other party to find when you’re not around!