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Paid childcare

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Nanny with own child -issues regarding extra hour pay

38 replies

julinka · 13/06/2010 15:48

Hi everyone,
I hope I could get some help.I have been looking after a child since January and bring my boy with me,they are the same age,it has been going great but recently instead of 10 hours,it is becoming more like 11 hours every day and once a week 12 hours.When it happened initially I didn't ask to be paid extra as I felt so happy to have job and so on.Her husband is a builder and on 2-3 occasions it happened he was at home for a week as he didn't have a job.I would come bit later and instead of 10 hours I would do 5-6h.But never had an off day or anything.I am not getting paid on holidays and I have to pay my own tax and they only pay me 5 pound and hour.I decided to write her message when 3 days in row I did 12 hour shift.Then,I did mention to her I want to know in advance about hours as it affects our family life,plus get paid extra.I start 6.30pm and finish 7pm!Then nothing happened so I have sent an e-mail with my explanation and asking to be paid for extra hours.I was shocked to receive an e-mail saying we never agreed to do 10 hour shift(we had an oral arrangement),plus saying she thought the days her hubby is at home make up for those extra hours and then saying they haven't got much money when her hubby doesn't work(she has a very good job).And then suggested she would pay me for extra hours but would only pay me half the day when her hubby is off work(we agreed she would still pay full as it is the same in nursery you have to pay)I have spoken to few parents about it and I feel so used,especially I treat her child as my own.I do not know what else there is to do to make communication better.Any advice would be very much appreciated.Thanx J

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castleonthehill · 22/01/2011 20:57

When I worked for a head teacher they worked out what I would earn in a year and then divided it by 12 as they get paid very mouth it was easier for their finances and helped me not pay more tax and then have to claim it back.

You also need to be employed so you can get maternity pay.

I use to bring my own food for me and my dd and only claim mileage when it was for their children if I was going somewhere which was for mine child but that hers would enjoy I paid.

I was their nanny before having a child so we had a really good relationship and they trusted me
If you can find a good nanny job it can be really good to take your dc but you must be happy, your child must be happy and you must agree with the way they are bring up their dc

Good luck

pollywollyhadadollycalledmolly · 21/01/2011 21:44

I agree with the advice of getting a new job!!

Blondeshavemorefun · 20/01/2011 21:38

Vikiseed - this is an old thread - where did you find it?

I was reading and thinking know what my reply would be - leave - and low and behold there was my reply saying that Grin

I would also say that some nwoc won't get £7-9 nett - some nannies I know struggle to get that wage without bringing their own child

Plus we always talk in gross wages on mn :)

vikiseed · 20/01/2011 20:06

Hello there!

I am a nanny too with my win 14 moths old coming with me to work. He has been with me since he was 8 weeks old.

What this family is doing to you is unexceptable! You can not be self emplotyed as you are a nanny. the national minimum wage is above your wage and you are entitled to 4 weeks paid holidays (28 days incl bank holidays full time).
A nanny having their own child can usually offer so much more! they more empathic, discreet and patient they can understand how the mum feels leaving their child at home. You are able to offer a playpal straight away that teaches their child how to share, important social skills and gives her a potentially life long bond with yours. A nanny with own child gets an avarage 7-9 GBp NET per hour. You must also write down the hours you work and whilst you may agree to take time off when hubby is at home, you can;t be expected to work unreasonable hours without notice! Change your job immediately.
Lots of families will be happy to have you, ttrust me.
there is a fab website.www.childcare.co.uk you can find other parents there too.

Keep me posted on updates, would love to know what is going on.

XXX

julinka · 13/06/2010 21:39

Thank you for the positive encouragementwhomovedmychocolate and the information .
It does make a sense and maybe I am just worrying too much :-) Just have to stay positive.

poppy34
My son hasn't been sick yet(fingers crossed)despite her daughter being on antibiotics and looking after her whilst not well and I have never taken a sick day.

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julinka · 13/06/2010 21:35

I am 29 and my son is 14 months,child I look after is 16 month.Initially it was hard as they both were learning to walk when I started to work for them in the beginning of January,but I can say I am experienced now and taking them to babygroups,1 o'clock clubs twice a day and cook for them every day.

I do bring a lunch once,twice a week from my home and also fruit and snacks.As I am trying to balance it fairly,not to use their food all the time.The woman I work for can't cook so not sure she really appreciate it,but never mind.

I might take your advice nannynick.

And yes I would love to be more than anything honest to the possible new employer about my current situation.

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whomovedmychocolate · 13/06/2010 21:30

Julinka - most nannies I interviewed brought written references from previous employers but not including their current employer. By the time we'd chosen one it was pretty much a done deal - we really liked her - and the reference was just 'is this person a serial killer or is she okay?' type call - took about two minutes - with her present employer.

Also, I was told by the nanny we employed about her current service conditions (appalling) and was quite prepared to be given a lukewarm reference because they didn't want her to go. But it's actually illegal to make derogatory statements unless you have evidence of them. I would suspect your employers will just say 'yep she's lovely, we're sorry to see her go'.

Finally, there's an issue regarding HMRC in that if you have not paid your NI and Tax, your next employer can become liable for it and it comes out of your wage packet (ie they deduct it from your pay. I had this happen to me when a previously employer miscalculated my pay two years earlier . No warning, nothing, just got a letter from HMRC one day. And the HMRC don't give a stuff if you weren't getting NMW they will still take their part!

We found our nanny on Gumtree, and also used childcare.co.uk

Good luck, go find another job. Lots of nannies bring their own child, they tend to charge 50p or £1 less an hour than the normal rate (here it's £8 net so £7/£7.50 with a child of your own).

jaz1234 · 13/06/2010 21:23

only give the number of your current employer to the new parents once you give your notice.
trust me if any new parents warm to you and beleive that you are honest and hardworking they wont mind about your reference.
you should even tell them how your current employer treats you and i am sure they will understand.
by the way how old are you and your child and also how long have you been working for your current employer?
(sorry to be nosey)

poppy34 · 13/06/2010 21:18

As an employer I would want to know- you can turn it into positive thing as presumably you have dealt with balancing your own dc needs with charges , how you balance activity requirements for both of them, equipment food etc you bring and that which gets provided, what do you do if your dc sick etc. That way you can use the months you have worked, had sole charge etc to show you can do job despite difficult employment circs.

Fwiw I am amazed/ saddened at some stories of how shit employers can be. As you say it's a massively important and trusted job so you would want to be completely straight and fair with your nanny.

nannynick · 13/06/2010 21:17

When I worked for a teacher, when I left I left at the end of a school term... I left in the early July so giving them entire Summer holidays to find a replacement. So if you find another position quickly starting say in the summer school holidays, then you could give notice and say you will leave at the end of this term.

julinka · 13/06/2010 21:13

I do have a great references from schools I worked for and hmm not sure whether to mention this experience to a possible new employee or just just ignore it altogether.

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poppy34 · 13/06/2010 21:11

Well hope job hunt works out fwiw if it is difficult with current employer can you get pre ml refs from old job? I think in circs if you explained your issues here ad other refs stacked up it wouldn't be a Bar to employment.

julinka · 13/06/2010 21:08

Thank you poppy34.

I do realize that.I suppose as you said I thought nothing was wrong when I did my Tax return.I will definitely learn from these mistakes and make it better next time.

Appreciate your posts everyone.

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poppy34 · 13/06/2010 21:05

Julinka - it doesn't matter that you filled in return saying you are se as you aren't. If hmrc investigate they will penalise your employers for not withholding Paye etc and may also investigate you as even if mistake was made in good faith you still filed a return on wrong basis so there may be penalties.

Typed long post but it was lost but would echo nicks advice about thinking how to handle references. Also am sure other nannies will back this up, but contracts are essential as cover hours, holidays, overtime etc.

julinka · 13/06/2010 21:05

Thank you jaz1234.

The only thing I worry that the new family will want to talk to my current and it might be before the notice period,so things could get worse.Mind you,she must know I am not happy as I mentioned and I might mention the reasons for me leaving.I think it is my right to get good reference,if I did a good job.

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jaz1234 · 13/06/2010 21:01

I say look for a new job now go on websites such as www.childcare.co.uk (its really good)
don't tell your current employers you are looking for another job and i say give at least 2 weeks notice seen as you didnt have a written contract. carry on as normal with your employers so that you can get the reference that you deserve

julinka · 13/06/2010 21:01

I though about the references nannynick,so hence 6 week notice.

We haven't agreed on any notice period yet,I was trying to give them time as I know is not easy to find a childcare(which they will probably find for themselves once I leave them)

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julinka · 13/06/2010 20:59

I agreed to be self-employed because I wanted to make the family happy and make it easier for them.And as I mentioned I felt privileged I can bring my son with me.And she is a head-teacher so she gets half terms off and hence,I do not work.

I have got it probably confused with child-minding but it is not uncommon to be SE.

I do not believe it has been illegal,when doing my Tax return,everything was fine when it comes to nature of my "business".

But obviously this arrangement is not working and I am losing my motivation.

I thought I will give 6 week notice,to make it easier for the family but given how things are I might consider 2 week notice.

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nannynick · 13/06/2010 20:53

You will probably want to use them as a reference (your next employers will most likely want to speak with them), so you need to aim to leave in such a way that they are reasonably happy about the situation. So you may well want to give them the notice you agreed to orally.

Is getting another job realistic in your area, are there enough jobs around which will accept someone with their own child?

nannynick · 13/06/2010 20:48

6 weeks notice is a long time and given the lack of written contract will be hard to enforce. 1 week during first year of work is the minimum expected in the event of no written contract. See ACAS: Notice periods

nannynick · 13/06/2010 20:46

You may have got confused with Childminders - they ARE self employed as they run a business from their home and can tax deduct certain expenses. As a nanny you can't deduct things like Household Expenditure (heating lighting, water rates) as you are not using Your home.

Not sure where you found information to say it was normal for a nanny to be self employed... suspect it may have been about Childminders.

Given what you are saying about the family, I'm afraid I would agree with the others that looking another job may be for the best. If you asked your current employer to change the way things are done... would they? I get the feeling they may just ask you to leave (hmm, that may be the thing to do once you line up another job).

frakkit · 13/06/2010 20:38

It's not normal to be - you don't take financial risks, you don't set your own hours, you don't direct your own work - so you fall more squarely into the 'employment' category.

Childminders are SE, nannies aren't. IMO it's much better (as you have more rights) to be employed.

Thing is you do have an oral contract of employment, so you have some rights, but when it comes to things like hours/overtime it becomes a bit 'he said, she said' and it's for those situations that you need a written statement of employment (or for SE people a contract for services).

SofiaAmes · 13/06/2010 20:37

You agreed to take the job on a contract-less basis so it seems to me you are just as much at fault as your employers when it comes to skirting the law. The whole point of having a contract is so that there is no misunderstanding about the terms. Please do it right next time.

Blondeshavemorefun · 13/06/2010 20:35

we all make mistakes, just learn from them

julinka · 13/06/2010 20:34

That is what I thought.I will learn from these mistakes and will be wiser next time :-)

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