Hi - I have tried googling this information, but getting lots of conflicting advice. If I employ someone in my home to help with childcare, an average of 12 hours per week, I need to know legally what I have to provide that person. They are not asking for a contract, holiday pay, sick pay etc, NI contributions however, I want to do this legally. I imagine from their point of view, being ad hoc could suit them well, however, as an employer, I don't want to be in a situation where I find myself at a later date discovering that I had legal obligations that I did not fulfil. Where should I start to get correct up to date advice?
I believe that there has historically been different legislation in place to cover au pairs.
If you pay £112 or more in any week, or if the person has any other income, then you need to declare the earnings to HMRC. If tax deductions are required you will need to run PAYE - this means deducting your nannies Income Tax and National Insurance plus paying Employers National Insurance, these taxes you pay to HMRC once every three months. nannypaye.co.uk/nannypaye-payroll-service
You must provide your employee with a payslip showing any deductions made. You must pay at least National Minimum Wage / National Living Wage (depending on age of the employee). www.acas.org.uk/index.aspx?articleid=1366
ACAS is a useful place for general information about employment rights. Nanny payroll companies will be able to assist you with more specific enquiries about what affects you as an employer of a nanny.
You say that it is an average of 12 hours per week but then say it is ad hoc. Is it really ad hoc or are you deciding when you want someone to work and would they really be able to say No? If it is really ad hoc then it may be possible for that person to be providing you with a service but if it is on a very regular basis then I would do it as them being your employee and having the contract set out minimum hours, or even being a zero hour contract if that flexibility is desired.