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Nanny taking lots of sick leave - advice please!

(17 Posts)
Victoria22679 Fri 27-Oct-17 17:56:06

Just after some advice about our nanny who started with us in July but has already taken 3.5 days off sick - while this doesn’t sound loads, it amounts to around a day per month and leaves me in an awkward position as I then have to take time off work last minute. While I accept that catching bugs off small people is an occupational hazard, I do think it’s getting to the stage where I will have to have a conversation with her about it as if it continues like this it will be difficult to carry on with her. The kids like her and I’m otherwise happy with her on the whole (bar a few minor issues). Any advice about how I approach this and what the next step would be if absences continue?

Fayrazzled Fri 27-Oct-17 17:57:44

Has it been taken all on separate occasions? If so, that does seem a lot. If it's only been one episode of sickness (or two at a push) it doesn't seem so bad- unfortunate maybe- but one to watch. Certainly, episodes of sickness is something a lot of businesses monitor.

Victoria22679 Fri 27-Oct-17 18:04:04

It’s been 3 separate occasions of sickness - I’m not suggesting she is faking but it does seem a lot to me and because it causes such an issue with me not being able to work I’m really worried it’s just going to continue like this

fuzzyfozzy Fri 27-Oct-17 19:50:01

I’m a childminder, with three lots of germs coming in each day.
I’ve had 1 afternoon off in 5 years.
The difference, I would imagine is that I don’t get paid if I don’t work.
(I did throw up one Friday after work, so that was very convenient!)

Victoria22679 Fri 27-Oct-17 20:00:28

Fuzzyfozzy she doesn’t get paid sick leave either (though she has a very generous holiday allowance) - the other issue I’ve only just become aware of while researching how to approach the sickness absence thing is that she is self employed, and assured us that this was all above board because she works for more than one family, however I’m finding lots of evidence to suggest that this isn’t the case and we could be in trouble if hmrc find out! This day is getting better and better...

LillyLollyLandy Fri 27-Oct-17 20:06:26

It is very difficult for a nanny to prove she’s self-employed, you’re right. This is a good link: https://nannytax.co.uk/the-law/self-employment

Etymology23 Fri 27-Oct-17 20:13:05

If she works for multiple families then you may or may not be okay.

The legislation is IR35

www.contractoruk.com/ir35/how_will_i_know_if_i_am_caught_by_ir35.html

Victoria22679 Fri 27-Oct-17 21:37:00

Thank you for the info. I think a very tricky conversation is on the cards!

nannynick Sat 28-Oct-17 09:11:49

If she is self employed then you simply don’t book her again. You are not under any commitment to provide work, are you?

FreckledFrog Sat 28-Oct-17 09:20:18

I work in HR at a hotel and four instances of sick would call for a formal chat discussing sickness and how we can all move forward. We would look at whether there was pattern to this such a day a regular day of the week or time of the month. Also give her chance to understand the impact of her calling in sick

Victoria22679 Sat 28-Oct-17 10:03:50

I think an informal chat at this stage and then let her know that things will get more serious if it continues. I’m now more worried about the SE thing - nannynick we actually have a contract with her, she works with us in a permanent position which I now realise very much makes her our employee - such an idiot not to look into this more before we went with her but she was very insistent that working with another family makes her self employed

nannynick Sat 28-Oct-17 14:50:44

She is working in a permanent position with you, under a contract of employment - I am assuming you provided the contract to her, not she provided you with terms of business.

Is there any immigration reason for why she would only be able to do self-employed work - have you looked at any VISA restriction?

She is better off being your employee, she gets Statutory employment rights. It will alas cost you more, as you have to pay Employers National Insurance which you are not currently doing.
Quick reference guide for employers of nannies.
Contact a nanny payroll provider and have them work you out your costs. You will probably have to provide a pension scheme and pay employer contribution to that, plus you have the Employers NI to pay. The gross salary you have agreed with your nanny need not change, though you may want to renegotiate the salary given that what you thought it would cost you is now going to be higher.

Victoria22679 Sun 29-Oct-17 07:05:08

Thanks nannynick that’s really helpful - need to sort out my tax free childcare account as at least we could save some money that way!

nannynick Sun 29-Oct-17 07:34:20

Good luck with TFC.
Your nanny needs to be Ofsted registered (in England) or registered with other regulator if in another part of the UK. They then need to sign up to TFC.

England:
To find your nanny on the TFC system enter in their Ofsted URN and Postcode.
There must be only ONE space between urn and Postcode. Eg:
EY123456 GU124AA

nannynick Sun 29-Oct-17 07:35:21

The Postcode is the nanny’s Postcode as shown on their TFC account - this is usually their home Postcode.

Victoria22679 Sun 29-Oct-17 08:50:56

Brilliant thank you

Blondeshavemorefun Thu 02-Nov-17 22:39:36

If you/she have set days and hours then she needs to be employed by yourself

You say she has lots of holiday yet self employed don't get paid holiday

3 days in 3mths is a lot. Is she using her holiday instead of Losing salary. Not sure that's legal is it @nannynick

Def have a chat and say you need someone reliable

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