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
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· Start date for commencement
of employment
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· Amount of pay
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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.
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· Job Title and Normal Hours of
Work
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· Sickness
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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.
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· Pension
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That the employer does or does
not operate a pension scheme.
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· Termination and Notice
periods
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· Holidays
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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.
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· Dismissal and Disciplinary
procedure
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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.
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Other Important items - We would recommend the following are
also covered
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· A statement of house
rules
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· A general statement of
duties
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· A statement of what the
employer would regard as misconduct
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· Two copies of the contract
must be signed and dated by both the employer and
the nanny and each should keep a copy.
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We have a specimen contract which provides more detail on the
above items. This is available electronically to our clients.
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