Sadly, we see many contracts which have been put together by nanny employers either by downloading and amending an example contract found on the internet or by filling in the blanks in a template contract supplied by a nanny agency. We would caution prospective employers that probably 90% of such contracts do not conform to current employment law and in many cases will result in the employer not only losing any case taken to an employment tribunal but having any award against them increased by up to 25% as a penalty for not conforming to current legislation.
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.
The items below should be the minimum covered by the contract:
- Start date for commencement of employment
- Amount of pay
- Job Title and Normal Hours of Work
- Termination and Notice periods
- Dismissal and Disciplinary 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.