Advice with my Nanny contract

[joanne25]

I work for as a nanny for a family but we have started to have a few disagreements regarding the contract so need some advise. The contract states my pay and working hours then underneath it states "if required by the parents three bank holidays are also included per year". I took this to mean if they require me I must work 3 bank holidays and if they do not require me then I get them off and nothing is owed. Now the family are stating I owe them 3 days as they did not require me and so are taking it from the week holiday still owed. Is this right? Any advise on where I stand would be appreiated

I would have interpreted thus:

They may need you to work on 3 bank holidays.
They may need you to take 3 bank holidays off as annual leave.

Legally an employer can tell you when to take your holiday. If you are full time and get 5.6 weeks of holiday (or more) then those bank holidays can be taken from the 5.6 weeks annual leave.

What does the contract say about annual leave?

Well Im actually self employed so the contract states I get 4 weeks holiday (2 weeks my choice, 2 weeks the parents) at half pay.

Also just to note the contract states: -

"Hours of employment. This will be 8am-5pm monday to friday 48 weeks of the year. If required by the parents 3 bank holidays are also included per year"

It then goes on to mention pay and this is worked out over 48 weeks and then mentiones the other 4 weeks as half pay.

Someone who is self employed may not get any paid holiday at all - depends on the agreement. Sounds like your agreement is for 4 weeks holiday - so 20 days a year.

Nannies are rarely self employed, the nature of the work usually means a Employee Employer relationship, not one of using a service.

The self employed angle probably clouds the issue... as if you are working 48 weeks a year Mon-Fri and are paid for the other 4 weeks, you are clearly an Employee.

So... Holiday entitlement went up to 5.6 weeks in April 2009. That 5.6 weeks CAN INCLUDE bank holidays, so working Mon-Fri that would be the same as 4 weeks plus bank holidays.

So how about asking for a contract review, whereby you can make sure the statutory holiday entitlement is put in. Then if they wanted you to ever work on a Bank holiday, you would take a day of holiday later on in the week instead.