To think it's illegal to pay a nanny a set salary rather than rate per hour?

[DettolElephant]

I've heard this is the case but yet to find anything to support the claim. I've been offered a salaried position but I would be earning well under my usual fee p/h. All of the nannies I know including myself charge a rate per hour & any overtime we get on top. Can anyone clarify this please?

Surely if nanny has set hours then salaried is fine. Just need a clause about overtime hours, how they are recorded and payment of these.

YABU.

Why would it be illegal?

I see absolutely no reason why it would be illegal.
Do you mean, if the salary divided by the hours came to less than minimum wage? That wouldn’t be allowed.
But coming out at a low rate about NMW - nothing illegal about that.

Of course it's not illegal 😂 it's not illegal in any job. Eg £40k for 40 hours per week with overtime on top.

I think it's only illegal if you'd work so many hours that would take you under the national minimum wage.
If you're working a set number of hours for a set salary then that's fine (assuming that they issue pay slips and handle taxes etc)

You could do set hours and add any extra hours as overtime at a set rate.

But separate to that if the salary offered doesn't suit you, turn down the job or negotiate

No, it’s not illegal. If it doesn’t pay enough turn the job down.

@Ellisandra is correct. I'd think very carefully about what hours you would be expected to work, and how many. Get everything included in the contract - how are your hours decided, will they be flexible if you need time off for appointments etc, if you work less than your maximum will they expect extra next week?

It’s normal in many professions to have a salary with NO over time, but it does tend to be higher paid jobs- your contract is 40hrs/wk, but in reality you work 60 +. Barristers, accountants, doctors, management consultants,......you are paid to do a job. If it takes you longer it’s on your own time.
It’s sounds like a cheeky job offer....what will you do when you are supposed to finish at 6 and they come home at 8.30 3 nights a week......you can’t leave until they get home and they’ve had 7 1/2 hrs of childcare for free.
We have a nanny. She has a salaried position For 30 hrs/week. If she does more hours she gets paid by the hour.

Engage brain OP

Only illegal if contracted hours vs set salary works out to be less than minimum wage.

Ok thanks guys, didn't sound right but had to make sure. I would be getting fixed pay irregardless of hours worked over as according to parents they wouldn't be over by that much. I'm not sure if it meets the nmw or not, I'd have to check. But it is very low in comparison to previous pay

You'll have to negotiate then. Perfectly reasonable to have a fixed salary, but unless the salary was large I wouldn't do unless the hours were fixed, or overtime paid at an agreed rate.

You can go elsewhere you know, don''t sell yourself short.

I would be getting fixed pay irregardless of hours worked over as according to parents they wouldn't be over by that much.

That's not acceptable. If they expect you to do overtime, they need to either pay you or give you time off in lieu. It's up to you which you prefer.

Hours need to be fixed (if they haven’t signed a waiver for the EU maximum working directive) not salary. But often nannies who work shorter hours are not that much cheaper. For example in my area you can expect to pay 30k for 45 hours a week. However, it costs a minimum 20k for just the before / afterschool care i.e. 10-20 hours a week.

Firstly double check it’s above NMW, but I would also be apprehensive that they take the piss and you end up doing lots of over time one week, but they will try and counter balance it by you only working two days the next (just an example)...
Could you not negotiate salary with over time on top?

But why is that taking the piss Northern? Lots of jobs have people doing 'hours as required' and often they don't even get to take the time off in lieu earned later.

If they won't be over by much then they shouldn't mind paying for it then should they?

TBH these sound like people who are going to royally take the piss. I sould try and find a different job if I were you.

S sounds like you would be better off going thru an agency. Don't you belong to a professional organisation?

As others have said, it would only be illegal if it took you under minimum wage. Lots of people get a salary and are not entitled to overtime.

But in those cases Barabara, the pay reflects the nature of the job and it's high. This sounds like low pay for set hours with expected overtime with no extra pay whenever the parents need it. That's not OK.

I would say it’s taking the piss as salary is so low, according to OP.

Don't agree to work over your hours without pay, especially in this situation and check the hourly rate and whether you are comparing net or gross figures. If the job does not pay enough, either negotiate or don't accept the job offer.

I agree with others that this is only illegal if the hours worked take you under NMW- even if this is only on some weeks or months.

If you're not happy with the salary offered, then either negotiate or find something else that suits you better?

I think you need to be careful, OP. They claim they won't be over 'by much' … what is 'not much' to them? 15 mins, an hour, 2 hours? An hour isn't much, but when it's every day … well it adds up. I think they are setting out their CF stall now, and you need to decide whether or not you're going to allow them to get away with it. If you REALLY want this job then I think you need to negotiate any 'overtime' paid separately - and get it in writing. Paying you a salaried wage means that they can pretty much call the shots, and as another poster said, if they're late by a couple of hours, it's not like you can lock up and leave, is it?

Nannies are in huge demand round our way. I wouldn't accept a low salary if I was you.