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Nanny Contracts - Creating a Contract for a Nanny

Your Nanny's Contract
A new nanny has a legal right to receive a contract or "Statement of Employment Particulars" within 28 days of starting work. From an employer's point of view, we would regard it as essential that the employer puts a contract in place prior to commencement of employment of a nanny to ensure that there are no misunderstandings on either side. Employers should realise that they are exposing themselves to potential risk and possible additional expense if a contract covering the items set out below is not fully in force from the start of employment.

Essential items - The items below should be the minimum covered by the contract

· Start date for commencement of employment

· Amount of pay

This needs to specify the period (monthly or weekly - avoid other periods such as fortnightly or 4-weekly) and if the pay is to be paid gross or net. Please note: most nannies expect to be paid on a net basis. i.e. They expect their take-home pay to be the amount the employer specifies, leaving the employer to pay the tax and National Insurance as an additional cost.

· Job Title and Normal Hours of Work

· Sickness

All nannies are entitled to Statutory Sick Pay as a minimum. The contract should specify if the nanny will receive any sick pay in excess of this. Employers should remember to place a limit on any additional sick pay. e.g. A maximum of four weeks additional sick pay in any 12 month period.

· Pension

That the employer does or does not operate a pension scheme.

· Termination and Notice periods

· Holidays

A nanny is entitled to a minimum of four weeks paid holiday per year. If the nanny works part-time e.g. two days a week, the nanny would be entitled to four weeks of two days each, a total of eight days paid holiday per year.

· Dismissal and Disciplinary procedure

This is an essential part of the contract if the employer wishes to minimise the likelihood of an appearance at an Employment Tribunal if the employer/ nanny relationship breaks down at any point. This section will also cover warnings for misconduct and any Grievance Procedure.


Other Important items - We would recommend the following are also covered

· A statement of house rules

· A general statement of duties

· A statement of what the employer would regard as misconduct

· Two copies of the contract must be signed and dated by both the employer and the  nanny and each should keep a copy.

We have a specimen contract which provides more detail on the above items. This is available electronically to our clients.

Factsheets List

· Nanny's Contract
· Tips on creating a contract
· Paying Expenses
· National Minimum Wage
· Unfair Dismissal
· Statutory Sick Pay
· Statutory Maternity Pay
· Setting up a Nannyshare
· Net Pay vs Gross pay
· Residential Nannies
· Childcare Vouchers
· Nanny Registration scheme
· Holiday Entitlement
· Providing a Car

 


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