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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU not to agree to holiday pay for a self-employed child minder?

86 replies

coffeenwine · 06/09/2018 20:55

Am a bitch? To me: self employed means you sort tax out your self, take ‘more’ pay home and take holidays when you want, have more autonomy on hours etc. but don’t recieve sick/ holiday pay. To get these you need to register as employed? Advice/ experience please...

OP posts:
bananakorma · 06/09/2018 20:56

agree

FlyMaybe · 06/09/2018 20:56

Depends on the contract you have with her

missymayhemsmum · 06/09/2018 20:57

YANBU, but it's not unusual for a childminding contract to include some arrangement about paying for holiday weeks, theirs and yours

RiddleyW · 06/09/2018 20:58

Well you’re right you don’t have a legal requirement to pay holiday pay exactly. However childminders are at liberty to charge in such a way that they are paid the same every month including when they’ve taken holiday. You can take it or leave it.

I may have misunderstood your question though - is this your current childminder or are you looking to start an arrangement?

twattymctwatterson · 06/09/2018 20:58

I agree with you but it's pretty standard tbh so you're unlikely to find a childminder who isn't requesting this

StatisticallyChallenged · 06/09/2018 20:59

As others have said, it depends entirely on the contract you have with the CM. Some charge for all holidays (yours and theirs), some charge 50% for all holidays, some charge for yours but not theirs...

What have you agreed to?

mrsmalcolmreynolds · 06/09/2018 21:00

YWNBU not to agree, but the CM WNBU to decline to take you on if you won't agree to their terms. If they can get other clients who will accept they will no doubt go with them. Might be worth asking around locally as to what's usual practice - IME it varies quite a bit.

EwItsAHooman · 06/09/2018 21:00

Childminders set their own prices and their own pricing structure, it is usually non-negotiable so if you don't agree to it you will need to find new childminder.

Singlenotsingle · 06/09/2018 21:03

Self employed is where you have control of what you do. You decide what hours, which days, where you will carry out the work, when you will carry out the work and when you won't. And there would be no paid holidays or ssp.

It's not a case of registering as employed - where are you going to register?

LagunaBubbles · 06/09/2018 21:03

No yanbu. But neither is the childminder for asking, they can set their own conditions. Up to you whether you accept and sign the contract. My DH used to be a childminder and didn't charge for his holidays but charged for parents.

Original poster
coffeenwine · 06/09/2018 21:05

Interesting, thanks all for replies, we were drawing up a contract and got stuck on this point. She’d be sole charge of our kids, so I think she should be an employee, but she wants to be self employed (but with added holiday pay), i thought you were ine or the other, so to speak, I feel very mean if everyone does it on top of a self employment contract now. It just wasn’t done when I was self employed, I never got sick/ holiday pay you see.... I’ll ask official channels too

OP posts:
Original poster
coffeenwine · 06/09/2018 21:07

Great answers, thanks all!

OP posts:
Shesaysso · 06/09/2018 21:08

If you’re self employed you can’t add on holiday pay - what you can do though is make your daily rate higher to include some payment for holiday.

AlexanderHamilton · 06/09/2018 21:09

Is she caring for your children in her home or yours? It’s important in terms of whether she can be self employed or not.

Theworldisfullofgs · 06/09/2018 21:09

As sheso said. She could just increase her rates

Ginorchoc · 06/09/2018 21:10

Long time ago for me but I seem to recall if the childminder was sick, or her child was I didn’t pay, half pay for her holiday and full for mine.

AlexanderHamilton · 06/09/2018 21:10

Bit I too would not agree to holiday pay for acsrlf employec person whose services I was using.

GeorgieTheGorgeousGoat · 06/09/2018 21:10

Sounds like there’s muddy waters as to her job role.

Where is the childcare taking place?

Mindchilder · 06/09/2018 21:10

If she is working in your home caring just for your children then you are employing her as a nanny.

If she is registered with Ofsted to work from her own home she is a self employed childminder.

pretendingtowork1 · 06/09/2018 21:10

sole charge in your home = nanny = employed

sole charge in her home = childminder = s/e

neither you nor she gets to decide

Tartsamazeballs · 06/09/2018 21:16

It's weird as it's not normal for self employed but fairly standard for childminders where I live. My best friend is a childminder and she does exactly the same. My aunt too. Competition for places is quite strong so they have parents by the short and curlies Im afraid.

Original poster
coffeenwine · 06/09/2018 21:17

You have all confirmed what I thought... she will be in my home sole charge. So should be employed. I have said that, but she is certain she should be self employed (but wants holiday pay too). Thanks so much to you all!! Felt terrible all day sticking to my guns, as she is amazing with children and has glowing references (and my kids love her), but I don’t want any shit from HMRC falling on my head feom great heights...

OP posts:
Figgygal · 06/09/2018 21:18

My cm didn't charge holidays but lots do or half time for leave

It's not unusual

GeorgieTheGorgeousGoat · 06/09/2018 21:18

That’s a nanny then!.

No wonder childminders get so much bad press! People will see your title and make a judgment about cheeky fucker cms when in reality, it’s your error and poor research.

Mindchilder · 06/09/2018 21:19

She doesn't get to choose to be self employed, you will clearly be her employer and if you fail to deduct tax you are the one who will be at fault.