Bank Holiday pay for a p/t nanny??

Date was 1st July. Thus holiday start date is very important, and therefore you must calculate based on your individual circumstances.

suspect it must be down to the holiday year start date. Think i used 1st may as start date.

Nick - how did you get to the figure of 20.2 days? Just curiuos. Working on legal min of 24 days in 2008, for a 4 day-week worker, it's pro ratad to 19.2 days, isn;t it? That's 80% of 24. I also checked it with the link you provided.

If you're offering a nanny who worked Tue-Fri 4 weeks holiday, plus Bank Holidays, that's 16 days plus 4 bank holidays (there are 4 bank hols occurring on non-Mondays in 2008) ie 20 days, which is more than 19.2.

I agree that in April 2009, the 4 day worker will become entitled to 80% of 28 days, ie 22.4 days as you say, so then 20 days would not meet the statutory min.

very true Jura - my job was orginally meant to be tue,wed and thur as thats what their previous nanny did as she did a nannyshare, I asked if I could do mon, tue and wed, one to get bh mons paid but also as a lot harder to find a mon/fri job then a thur/fri job

mb more than happy to swap, as before she didnt get bh mon paid as she didnt work them, and now she does - so we are both winners, plus she said it is nice to have work at beginning fo week.

For a nanny who works Tue to Friday, under the new holiday entitlement, instead of 4 weeks (so 4 weeks x 4 days = 16 days), the get 24 days pro-rata, which is 20.2 days (according to the BusinessLink Calculator) and will rise again in 2009 to 22.4 days. As most Public and Bank holidays fall on a Monday, those can't be taken out of the holiday entitlement.
If an employer with a nanny who worked Tue-Fri offered 4 weeks holiday, plus Bank Holidays... then it seems to work out at LESS days then statutory minimum, as there are not sufficient bank holidays falling on a Tue-Fri.

it shouldnt make a difference whether you are a nanny or an office worker/lawyer etc mb - assume if the nanny is part time,then the mb would work part time

if YOU get paid bh, then I would find it very mean of the employer NOT to pay their nanny bh

as a fulltime nanny I have never not been paid for a bh- but as i part time nanny I feel if the bh day falls on the day the nanny would normally work,then they should be paid for it

in the end, it depends what both nanny and mb agree to in the contract - i personally wouldnt take on a job that didnt pay me bhs and wouldnt sign the contract till i was happy with all the points

never not had a BH paid in 25 yrs nannying .

I don't think the employers BH entitlement is relevant to the nanny's. The relevant comparison is another nanny job. That being said, I do think most nannies get BH paid.

do most of you employers get bh paid for?

if you do, then think it is fair to pay your nanny her bh

i work part time, and i get paid for bh if they fall on my work days, ie mondays but not easter friday as dont work fridays

PLEASE no one rely on the Nannytax website for legal advice, it's full of errors. I took one look at it when looking for a payroll company for my nanny and immediately disregarded them because of the inaccurate and misleading information they are giving to parents.

The Government sites will be the right ones... ACAS and BERR.

So one site says it's the law, one site says it isn't.

Is it just nannies that are exempt, or is it ACTUALLY not the law?

I'll contact my friend who is an employment lawyer, I'm sure she'll be able to give a correct answer on it.

I feel that the NannyTax website is wrong - "all employers are required to give at least 4 bank holidays as paid leave in addition to the 4 weeks". Nannies don't have to get Bank Holidays off, in fact some parents may NEED a nanny to work on a Bank Holiday. Please refer to Government sources for information regarding this kind of thing, not to a payroll agency. The change is that the number of days of annual leave has been increased. Current entitlement is 4.8 weeks, which is due to rise to 5.6 weeks in April 2009. Part-Time workers would have their entitlement calculated pro-rata. Use this calculator.
BERR - Bank Holiday FAQ explains much of what anyone will want to know, in reasonable simple terms.

Ultimately, if an employee is expected to work on a Public or Bank Holiday, and the arrangements for pay on those days, is governed by their employment contract. It is perfectly acceptable for an employer to ask an employee to take Bank Holidays as part of their annual leave (see ACAS - Will I automatically get paid leave on Public Holidays?.

Of course all of this is proratad for PT workers.

firstly nannytax does NOT say that. all it says is that everyone is entitled to at least 4 paid bhs. There are 8 bhs in one year, so the legal min does not entitle you to take all of them off as paid leave.

Secondly there are two ways of giving nannies paid bhs, each entirely legitimate. one is to include it in the hol entitlement (4.8 weeks min), one is to exclude it from hol entitlement (4 weeks min) but then give at least 4 bhs off as extra.

The second arragenment is more ambiguous if the contract does not mention bank hols - then you get into an argument about whether you are giving the legal min of 4 only, or whether you're giving the max of 8 in a year.

You need to cehck contract to see which arrangement you've got.

But then the contract needs to be amended. Nannytax CLEARLY states that LEGALLY everyone is entitled to PAID bank holidays?

But it entirely depends on the contract. You cannot say who is wrong until you see the contract. If the contract says that holiday includes bank hols, then nanny must take bank hols out of her holiday; and vice versa.

If you include bhs in holiday entitlement, then min holiday is 4.8 weeks. If you don't, then min holiday is 4 weeks (and nanny would additionally get at least 4 days paid bhs off).

I have just been talking to a neighbour who empoloys a part time nanny. She is having issues over bank holiday. In short, nanny thinks she should be paid for bank holidays on top of her holiday entitlemnt.
Neighbour thinks that she should take bank holidays out of her holiday. I think she is wrong.

Going by the nannytax website, which I believe she is using, then BH have to be paid extra:

"Holiday Pay
Up until recently all employees in the UK were entitled by law to 4 weeks paid leave every year. New holiday legislation has now been introduced and as of 1st October 2007 all employers are required to give at least 4 bank holidays as paid leave in addition to the 4 weeks. That means that all employees will now be entitled to 4.8 weeks holiday per year.

If you work on a part-time basis and you want to know how many days you are entitled to, simply multiply the number of days you work each week with 4.8. The total should be rounded up to the nearest 1/2 day."

Thanks for the links. I've read them and I'm going to check about BH at work. Although I see it's still legal, given the whole place is shut down on BH, I think it's cheeky. I'll ask.

Perfectly acceptable for an employer to insist that an employee takes a Bank Holiday off, as part of their annual leave. However, annual leave rules have are undergoing changes to accommodate that. See my previous post on this thread for a link to further info about the changes to holiday entitlement.

That's interesting. I work P/T (not as a nanny) and BH are considered compulsory holiday days, taken out of my annual leave. AFAIK (perhaps I should re-read my contract).

Elibean - If you haven't seen it already, check out my thread about Holiday Entitlement, as it contains information which is likely to be useful to you with regard to Bank and Public Holidays, plus how to calculate holiday entitlement for a part-time employee.