that old 'self employed nanny' chestnut

[becstarsky]

Now tell me straight, is this okay? We've had a bunch of applications for nannies as 'self employed'. I actually believe that it is okay because we are advertising a part time (less than 20 hrs per week) temporary role. So they are free to work for other families while working for us, and will only be working for us for a few months. Isn't the problem usually that since a nanny isn't free to go and work elsewhere they can't be self-employed?

I'm self employed myself (not a nanny) and do full time temporary roles and my accountant has always said that this is fine - in fact it's the only way I can do it - rather than becoming an employee for a few weeks with one person, then a few months with another which would be a nightmare...

But I know that this is a thorny issue. Tell me, am I being dodgy to employ a nanny as self-employed when she is part time and temporary? I'm not am I? Paranoid from reading so many 'a nanny cannot be self employed' threads!

They can be SE under very specific circumstances, but in the majority of cases they cannot be SE. But be very very careful if you do take somebody on as SE as you will be the one paying up if it turns out that they are not viable for it.

There is a "self employed-not self employed" check list on the HMRC website. That should set you straight. Can't link as am on phone.

If its a temp role I think it's ok but there is a time limit on that I think.

There has been a recent case (Autoclenz v Belcher) which makes it even harder to prove self employment. In this case the individuals were decided to be employees even though HMRC accepted them as self employed!

But for most practical purposes if you are engaging someone for less than 12 months then it is HMRC's decision that matters. HMRC provide a tool which is supposed to help decide whether an individual is self-employed, but because so many of the questions do not apply to working in childcare it always says nannies are employed.

If you want to take on a nanny as self-employed, you should get an Employment Status Ruling. HMRC have stopped publishing the contact details for the Employment Status Team, but you should find them on 01274 204666 (England) or 0121 643 0420 (Scotland, Wales or Northern Ireland).

Thanks for that guys, really helpful. Am thinking we should perhaps use the lovely childminder who DS doesn't like so much rather than interviewing the lovely nannies who I think he'd prefer. Shame. There's nothing wrong with the CM, DS just found her a bit dull. But for a very short term part time role I don't think I'll be able to cope with the admin and do my own job, which is only a short contract anyway. Dammit!

Thanks for the help anyway.

Doesn't sound OK to me. Sounds dodgy.

And you, not the nanny, would be liable for the tax and any fines should she be found to be your employee.

I personally wouldn't take the risk.