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Employing a nanny - through her own agency

(31 Posts)
Dysgu Mon 09-Sep-13 21:37:19

We have (partially) sorted a nanny to look after our 3DC when I return to work in January 2014. We are very happy with her - she was our first CM when DD1 (now 7yo) was a baby; DD2 started with her and then, due to a change in circumstances, she gave up CMing and went to work at local pre-school where she was DD2's keyworker. She also found us a great replacement CM and helped us cover until new CM had space for both DDs.

We now have 6mo DS and, logisitically, it will be easier to have someone come to our home and care for our DC from here. DDs will be able to stay after school for clubs, DS will have 1-to-1 care in the day, DDs will be able to have friends over/go to friends' homes; nanny will do 'nursery duties' and get tea started; she is very sociable and is great at organising activities; she will cover DDs if they are ill on a school day... the only 'downside' is the cost but we figure we are getting a lot more for the money than with our previous, wonderful CM (who has downsized due to her own circumstances so wasn't looking for out DC to return to her anyway).

We have a secure verbal agreement with the Nanny with an agreement to get together soon to put everything in writing (once DD2 is in school full-time - which happens next week).

Anyway, the Nanny runs her own Nannying agency. I originally asked her for advice about the job and she then got in touch saying she actually fancied doing it herself. She will be self-employed through her own agency and we will be covered under her own insurance, she will sort her own tax and she is registered with OfSTED so we will partially pay her in vouchers. She is a qualified nurse (was still working on the Bank when CMing in the early days) and has up-to-date first aid.

We are setting the hours but are happy
- that she sends an alternative nanny to cover any sick days
- that she sends an alternative nanny to cover any (extra) holidays

The position is term-time only. I have worked out the annual hours x hourly rate and then divided the total by 12 to work out equal monthly payments. This is one of the things I first asked her advice about and is one of the aspects she particularly likes (apart from the fact that we are lovely people with lovely children grin )

I have just been thinking though; what would happen if she was sick and could not provide cover for our DC. Obviously DP (or I) would have to take the day off work and look after our own DC; this is not a problem. But would we pay her? How much?

Also, if she is self-employed through her own agency, would we have to pay her for the 5.6 weeks holidays? She would actually only work 39 weeks a year and would have 13 weeks off, but I have worked it that she is only PAID for 39 weeks' work. Should we be providing paid holidays even is she is self-employed?

If she wanted to book/take any extra days off, again we would be fine to cover her as DP can use his holidays. Again, our first choice would be that she would provide an alternative nanny, but if she couldn't..? I guess she could opt to work any days in lieu but that would be working in the school holidays which is when I don't work so I wouldn't really need her to (but could probably find something to do with a child-free day in the holidays!)

Any thoughts?

AMI88 Tue 10-Sep-13 09:17:51

Nanny nick- you can't be legally employed and self-employed for the same company though, surely not?

Set up sounds too complicated for me!

MinesAPintOfTea Tue 10-Sep-13 09:27:58

Just one other thing: don't rely on what she says about CRB, references etc: if she's a sole trader then checking her own record is hardly impartial, treat her as a nanny you found directly in that way.

nannynick Tue 10-Sep-13 12:09:55

When working for the OP they wouldn't be employed by the company. So employed in this job, self employed when finding nannies for clients.

If she was temping it may be different but 39 weeks a year I feel is employment.

nannynick Tue 10-Sep-13 12:11:55

when it comes to references she may have some from being a childminder. Whilst those are useful keep in mind that the role is different to being a nanny.

NomDeClavier Tue 10-Sep-13 17:23:28

There are companies who employ nannies directly and send them to clients. Mummy SOS in London is one example and there's another up Nottingham way, and that's perfectly legal. In that case it doesn't really matter whether the person you employ via the agency is the owner of the agency as long as for the business they're treated as any other employee and the OP as any other client.

It's an awkward one though. These services are slow to take off because although you don't have to deal with the employer side of things you lose a lot of control to the agency.

Blondeshavemorefun Wed 11-Sep-13 13:56:16

Why on earth wouldn't she WANT to be employed by you?

All sounds a tad dodgy to me. Avoid smile

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