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Newbie nanny employer with more questions!(30 Posts)
Sorry I don't know the answer to these questions - we just use a nannypayroll service which sorts this out for us.
On holiday we give ours 4 weeks a year but it ends up being 5 as we get 5 weeks.
Based on an 18 hour week, the legal minimum holiday requirement is 100.8 hors - this can include time off on bank holidays.
Bank transfer is the easiest way to be paid. I get paid 4 weekly in arrears, but for such a part time position your nanny may prefer weekly - ask her what she would prefer.
Also, it is usual for nanny to choose 2 weeks of holiday and you choose the rest.
Dont think a company is a good idea - you could end up having to pay extra employers' National Insurance as well as admin etc.
Maybe use Nannytax or similar if it seems too difficult.
Holidays absolutely need to be set out in the contract - often 2 weeks are your choice, 2 weeks are hers - you cant force to take same holiday unless they agree to in the contract. Should also specify how much notice each of you has to give as to when you want to take a holiday - a month is usual I think.
Also put in that if the holiday entitlement is used up and nanny is available to work they should be paid. That way you don't look entirely unreasonable when nanny comes up with an excuse for another 4 days before the holiday year is up and you don't want to pay it can be taken as unpaid leave and should you go on additional holiday of your choice then nanny will still be paid.
Bank transfer at the end of the week the work is done in is fine.
I believe holiday entitlement is 5.6 weeks.
We've always paid our nannies monthly without problem. Agree with the other comments about holidays.
If you want nanny to do anything extra, put that in the contract too - I always get them to accept delivery of the internet grocery shop and put it away.
Monthly pay via BACS is fine. If you pay weekly, you will need to do payroll weekly... so pay monthly to make payroll easier.
I think you technically register as a sole trader. Not sure though... the New Employer Helpline will sort that for you I expect - call them and say you are employing a nanny.
Simplified PAYE isn't often able to be used for nannies... sometimes it can be, but most nanny employers I expect operate full PAYE. P49.pfd talks you through the first payroll run. Make sure you agree salary as GROSS, either as gross per week, gross per month, or gross per year. As your nanny is working only 18 hours per week for you, they may have another job - if so, they need to complete a P46 (otherwise you need their P45 from their last employment). More about nannies with more than one job.
Nannies get 5.6 weeks holiday minimum, which can include bank/public holidays. More info. I would suggest you include in the contract how much notice you need when your nanny requests holiday.
I run the simplified PAYE scheme and pay more than £160/week (and always have done). The new employer helpline should help you, it is just a matter of registering as a new employer and they send you all the information. Your registration is basically your name and home address.
I use the on-line PAYE service which calculates and records everything automatically and is very simple. When I have had questions (over maternity pay) the helplines have been very useful. This also means that when you are required to file year end returns online (from next year as a small employer), you are already doing so.
I pay monthly by bacs - you could discuss this with your nanny.
4 weeks holiday, 2 of her choosing and 2 of ours. Give her between Christmas and New Year off as extra.
like everyone else nannies are legally entitled to 5.6 weeks paid holiday (which can include bank hols)
personally i make sure i get 5 weeks + all bank holidays in my contract... i like a week at Xmas (from Xmas eve - New year) AND 2 weeks my choice AND 2 weeks their choice AND bank holidays.
in reality i normally get 7 - 8 weeks off as my bosses always choose more for me.
I am also paid monthly, (out of my bosses avvount into mine) and thats how i choose to be paid
popilol - I'm presuming you give bank holidays on top of the 4 weeks + week between christmas and new year. If not, then 4 weeks + 1 at Christmas falls short of the legal minimum of 5.6 weeks a year.
I'm just pointing this out as a lot of employers on here mention the 4 weeks - 2 of their choice, 2 of nannies - and some new employers may read this and not realise that these employers are paying for bank holiday on top of this, which brings it up to the legal minimum.
as a nanny employer you are technically a small employer for hmrc (i know it makes you sound like a small business and its very annoying but that is what you count as). you just register as your own name.
which leads to all sorts of entertainment with the forms - you have to give your employee a payroll number as if you have a staff of milions to distinguish between(my nanny is, um, no 1 ).
they have quite a helpful new employers helpline which answers questions but i found it really difficult at first, if you can afford a nanny payroll would do it.
Do you mean the New Employer Helpline?
Helpline - 0845 60 70 143
Mon Fri 8am 8pm
Sat Sun 8am 5pm
If you are planning on using a payroll agency (there are many, prices range, often around £120 a year) I'd suggest contacting the payroll agency first. They can then setup most thing (if not everything) for you.
i thought an employee is entitled to hav holidays, not allowed ;)
dates of bank holidays here http://www.direct.gov.uk/en/Governmentcitizensandrights/LivingintheUK/DG_073741
i think i would more specify 'the days between christmas and new year'.
why is the sentence in the bracket connected to the sentence before it?? they are two separate things. 'In the first and final years of service the Employee will be entitled to holidays on a pro-rata basis (paid compensation is not normal given for holidays not actually taken)'
If you are wanting your employee to take holiday between Christmas and New Year, then I would state that clearly in the contract, or on a separate holiday sheet. You could also give examples of the actual dates involved, such as: At Xmas 2009, holiday must be taken on Mon 28 Dec, Tue 29 Dec, Wed 30 Dec.
The contract could just say:
Your working week is Monday to Wednesday.
You will receive 17 days holiday per year, which is the current statutory holiday entitlement of 5.6 weeks rounded up to whole days.
You are expected to take time off between Xmas and New Year. Exact dates will vary. In December 2009 the dates you will be required to take off are: 28 December to 30 December inclusive.
You are not expected to work on Bank Holiday Monday, or any other Bank/Public Holiday that may fall on your working day. These are days are to be taken as part of your annual holiday entitlement.
Requests for taking holiday must be made to the employer at least 28 days in advance. The employer can refuse any requests for holiday at their discresion.
Holiday entitlement can not be carried over into the following holiday year, unless prior consent is given in writing by the employer.
Upon termination of this contract, if any holiday is outstanding that holiday is to be taken during the notice period.
Something like that. In reality if someone leaves without taking their full holiday entitlement, most employers in my view will pay those days due. It's just part of being a nice employer. It may be more practical for the employer to pay those days, rather than the employee to not work during their notice period. When looking at this kind of thing... consider what you feel is fair given the situation and how you would want a great boss to treat you. While it may go against employment legislation... I feel that if an employee is treated fairly, they are less likely to complain to an employment tribunal.
ACAS Guide: Holiday Pay (PDF)
"Under Section 1 of the Employment Rights Act 1996 employers should include in a written statement of employment particulars, sufficient detail to enable the precise calculation of a workers entitlement to accrued holiday pay on termination of
BusinessLink: Process to Follow when a worker leaves also mentions pay for untaken holiday.
Therefore in the event of an employee leaving and not having taken their accrued holiday entitlement, then I feel they do need to be paid for it... not forfeit such holiday.
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