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Original poster

Term time only (self employed) nanny- possible?

31 replies

RP1979 · 28/05/2015 10:20

I know this question has been asked before (sorry!) and I have read all the responses I could find on the various threads, but I am unsure what to do and hope to get a few insightful opinions.

I am looking to use a nanny for the first time when I return to work soon for cover Mon-Thursday 10hrs pd. I found a lovely nanny that is also the parent of my daughter's friend. Naturally this arrangement will benefit us both as she can have her daughter at my house and walk both to school and back etc. In the day she will be looking after my nearly 1yr old.

The problem is that I am looking for a 'term time only nanny' - this suit her too as she can spend holidays with her daughter. I had a term time only childminder previously and she only charged us during term time.

Furthermore she claim she is a self employed nanny and have a self employed tax code? After reading all the threads Im now worried that this is not possible and I need to have more information on this?

Because she also used to work in the nursery my daughter attended I have known her for a few years. She has confirned that she will be paying her taxes, dont want to be paid during school holidays (term time only) and not to worry about a contract as we have known each other for so long.

Two questions:
Is the above even possible
If I insist on doing PAYE will it be pt nanny and how will I manage the zero pay issue during school holidays? Is this something a payroll conpany can do too?

Thank you!

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nbee84 · 28/05/2015 14:05

As an employee she will be entitled to some paid holiday - you can't just pay term time and then nothing at all in the holidays. I think, for a full time term time only employee, it works out to be just under 5 weeks. You can insist that this holiday is only taken outside of term time. As mentioned before, if you use a payroll company they will work it out for you and tell you how it should be paid.

bigdonna · 28/05/2015 14:01

im a reg childminder/homecarer this lets me be a self employed nanny i have rang and checked with ofsted

TreadSoftlyOnMyDreams · 28/05/2015 12:43

She has confirned that she will be paying her taxes, dont want to be paid during school holidays (term time only) and not to worry about a contract as we have known each other for so long
Unfortunately ALL the risk and penalties for not complying with the law is with you and not with her. You will be liable for any taxes that she hasn't paid and all employers NI etc. Plus there will be fines.

ChunkyPickle · 28/05/2015 11:00

She must be an employee, you need to have a contract, and you should specify a pre-tax income, not a take home pay rate as otherwise her other jobs affect how much you end up paying her. It also covers holidays, sickness, transport re-imbursement etc.

I have a similar arrangement with one of my son's friend's mums, and towards the end of each month I send my accountant the hours worked, and my accountant does her payslip and tells me how much to pay her, and how much PAYE/NI I need to pay. During holidays that's more hours for my, but less for you - it doesn't have to be the same each month at all, if that's what's agreed between your nanny and you.

We are also friends, but having the contract keeps it all above board and professional

Blondeshavemorefun · 28/05/2015 10:52

no she cant be se as a perm job, you need to employ her

always have a contract, even more essential if working for friends/family

yes can have term only contract

EldonAve · 28/05/2015 10:28

She can't be self employed if she only works for you and she works in your home
www.gov.uk/au-pairs-employment-law/nannies

You can still do PAYE, you just pay nothing during the holidays