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Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

Did you ask your nanny to sign a contract?

18 replies

HeadFairy · 21/09/2010 20:36

A friend of mine who used to work at a nanny agency has given me a copy of their standard contract and nanny job description, I've tweaked it a bit to fit our circumstances, but I'm not sure if it's the done thing to get a nanny to sign a contract.

OP posts:
Are your children’s vaccines up to date?
juneybean · 21/09/2010 20:37

Oh yes, otherwise how would you prove they had agreed to it if anything went wrong?

dinkystinky · 21/09/2010 20:39

Yes - but then I'm a lawyer and believe in having things documented so everyone knows where they are

pinkbasket · 21/09/2010 20:41

Of course it is the done thing to get a nanny to sign a contract.

pinkbasket · 21/09/2010 20:42

Of course it is the done thing to get a nanny to sign a contract.

wrinklyraisin · 21/09/2010 20:43

Any professional nanny would insist on a contract.

lobsters · 21/09/2010 20:58

We had 2 copies, she signed both, we signed both and kept a copy each.

HeadFairy · 21/09/2010 21:16

lovely, thanks for that, I'll use the one I've got then.

OP posts:
nannynick · 21/09/2010 21:53

You could send the contract to your nanny as a Draft and let your nanny take a look at it and make suggestions for improvements/changes. Nannies are used to getting contracts, so will have a good idea of things they expect to see in the contract, thus will spot anything that is missing or wrong. Nannies may also have particular things they expect not to do.

The purpose of the contract is to agree formally before starting the job (ideally) of what the agreed duties will be, what the salary will be, what the terms for holidays will be, notice periods, probationary period, disciplinary procedure, what you consider is grounds for immediate dismissal (gross misconduct).

Blondeshavemorefun · 21/09/2010 22:34

Agree no professional nanny would agree to work WITHOUT a contract

it is also illegal to work without one and I think a contract has to be signed by both within 8 weeks of starting the job

frakkinnakkered · 22/09/2010 08:00

Almost blondes.

A contract can be verbal but a written statement of employment is required.

Either way having everything written down is definitely the best course of action. It covers both of you.

Blondeshavemorefun · 22/09/2010 13:00

i stand corrected Grin

Strix · 22/09/2010 13:58

I thought the employer was legally obligated to provide a written contract within one month of the job beginning.

Butterbur · 22/09/2010 14:01

Yes to contract.

In particular, specify a gross salary, not a net one. Agreeing a net salary leaves you exposed to horrendous PAYE bills if the nanny gets another job, has other income, or HMRC are recovering a previous underpayment through her tax code.

frakkinnakkered · 22/09/2010 14:03

direct.gov says 8 weeks for a written statement.

That said I wouldn't start a job without a signed contract, which should include all those things as a matter of course, otherwise my insurance wouldn't be valid!

nannynick · 22/09/2010 18:34

Interesting that you mention insurance... looking through mine I can't see where it mentions that a written contract is required, though it does define nanny as:

nanny means a person contracted and paid to look after children, working in and from the
child?s home

But does "a person contracted" mean they have to have a written contract?

With regard to timescale for a written statement... Employment Rights Act 1996 - timescale within 2 calendar months.

frakkinnakkered · 22/09/2010 19:30

I'm 99% sure somewhere in the small print I need a written agreement for the children to be in my care BUT my insurance is not in the UK.

Interesting whether 'person contracted' requires a written contract - we need a lawyer to settle that but my gut feeling (based on an intense mistrust if insurers) is if you didn't have a contract they'd use that as a loophole and claim it did mean you had to be under contract.

Incidentally the one time I dealt with the MM legal team when I had a slightly strange and complex legal question they were very on the ball about asking me about my contract and what it said. Not sure what they'd have said if I'd not had one.

mranchovy · 23/09/2010 20:34

Some good information on the CAB site about contracts of employment, including verbal contracts and implied terms.

mranchovy · 23/09/2010 20:41

Of course that is only relevant in English Law, other legal systems may require contracts of employment to be in writing, or even specify by statute that engagement to care for children is not employment but something else.

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