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

Starting a nanny job but need questions answered re holidays etc.....

13 replies

npg1 · 26/04/2012 19:55

Hi. Well everything is pretty much sorted for my new job starting july. Its for my neighbour at one, her 5 month old baby and 5yr old. We have agreed a price of £60 per day from 9 til 6. Worked out over 52 weeks of the yr this is quite good per month for me! I wwent to see her last week and she says she gets 6 weeks holiday a yr and doesnt want to pay me for these. She also said if I take holiday not in this time she will pay.

I dont want to rock the boat too much. To start with I was going to register as a CM but am still waiting to hear about the grant so this is my second option and I came up with the price.

I have 2 children of my own who are at school, she is happy with the arangement and is happy for me to have them at work when not at school. Do I ask for her to negiotiate the holiday or leave it be because it fits in really well with my children?

Also if I do manage to register as a CM in the next few months do I change my prices etc and make it clear to her now that I will be doing this?

Thanks

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nannyl · 26/04/2012 20:17

well she will have to be your employer.... (as you are not yet registered as a CM)

you therefor have the same legal rights to paid holiday (and all other stuff, payslips / SSP etc etc) as any other employed person in this country

She has the right to choose all your holiday (as all employers do) BUT she has to pay you for them.

it is normal for nannies to choose half the holiday and parents to choose the other half

npg1 · 26/04/2012 20:19

well im going to be a self employed nanny.....

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nannyl · 26/04/2012 20:25

nannies do not fit inland revs criteria to be self employed

you therefor cant be self employed (In a normal nanny job)

Also your employer is obliged to be your employer, is obliged to pay EMPLOYERS NI contributions and will face a £3k fine if they are found to avoid this tax.

sorry, but thats how it is...

nannynick · 26/04/2012 21:32

Oh no, not this again. You are working 9 hours a day, presumably 5 days a week, for 46 weeks per year (if you take off those 6 weeks she does not want to pay you). I can't imagine that if you do an employment status enquiry that HMRC will decide that you can be self employed for that. Government wants it's taxes I'm afraid and one of those taxes is Employers NI which they obtain from employers. Employers NI will probably be £1000 plus.

Being self employed is also not usually in your interest - you are under the control of someone else, who is determining your yours of work, your working days, when you can take holiday. You will be wanting some employment rights I suspect - like getting statutory sick pay if you are off on long term sick.

Please do search this section of mumsnet for further information about working as a nanny, how holiday is calculated (including looking at how it is calculated for term-time only working as if the contract does end up being for 46 weeks per year, then it may be a similar calculation method to term-time working).

Should it be of interest £60 gross per day, for 45 hours per week, 52 week year, is above National Minimum Wage. I make it £6.67 an hour, so will be fine when NMW goes up in October 2012 (to £6.19). Assuming this is your only job and you have a taxcode of 810L, then £60 a day becomes £51 take home (after deducting employee income tax and employee NI).

I wwent to see her last week and she says she gets 6 weeks holiday a yr and doesnt want to pay me for these. She also said if I take holiday not in this time she will pay.

So are you saying she wants a 46 week contract, rather than 52?
If you take holiday during the time when she is NOT on holiday - will she pay or not? I'm reading it as she would pay... but I'm not sure that is what you intended to write.

Does the holiday fit well with your children? Sounds like you may be limited to only having time off when she has time off. That does not seem very fair - there may be times when you want time off but she doesn't.

Moving forward... once you are a Childminder, would she be wanting the same or similar terms? Once you are a childminder, you call the shots, so you could well want payment when she takes holiday but not when you take holiday - so she would need to fit with what holiday you take if she didn't want to pay for a childcare place not actually used.

Once you are a childminder you would certainly want to address the fee side of things. You may have different fees depending on how long they attend - such as before/after-school only children may well be on a per-session fee rather than per-hour.

As a childminder you call the shots. As a nanny, your boss calls the shots.

Iggly · 27/04/2012 06:49

Self employed - I would bet my house you wouldn't be classed as self employed. read this

Sorry but you're an employee, you have a legal right to holidays etc and your boss has to pay national insurance as well as pass your tax onto hmrc.

If she doesn't and you go ahead, you lose NI contributions which impact on future pension entitlements, you won't get maternity pay if you got pregnant...

I'd register as a CM and set up that way.

StillSquiffy · 27/04/2012 07:24

What these posters are politely saying is that what you propose is ILLEGAL. You are NOT ALLOWED TO DO IT.

If you go ahead and do this, what happens if one of her children is in an accident, and she decides to sue you? What happens if you fall pregnant and are told you cannot get any maternity leave? What happens when someone grasses you both up to the taxman and he knocks on your door? What happens if she runs out of money one month or you fall out and decides not to pay you any of the money she owes you?

You will be an employee. She needs to register you as an employee and herself as an employer. Nanny insurance needs to be put in place, You need a contract and you need to get statutory holiday leave - fully paid.

There are companies like 'nanny tax' that will sort all of this out very easily. You need to tell her to contact them and do it above board.

nannynick · 27/04/2012 07:49

The parent is wanting to do the same as your current 'employer', the nursery. They want to do things illegally and you are helping them do that by agreeing to these pay arrangements.

Register as a childminder, register with HMRC as self employed for childminding and set up paying NI payments by direct debit. Once your registration has been approved by the regulator (Ofsted if in England) then leave the nursery and childmind.

Other option is to find a family which wants a nanny and is prepared to do things legally - but then you will be commiting to a longer term job and that may delay your childminder registration as you may not be at home for when the regulator wishes to inspect your home. Whilst you may be need the money, you don't want the regulator to have concerns about you.

npg1 · 27/04/2012 09:36

The job is 2 days a week and I have another job too. I spoke to hmrc last week and they have said yes I can be self employed.

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nannyl · 27/04/2012 09:41

i would guess that whoever you spoke to has mis-understood the converstation or something

nannies can not be self employed....

(except in very unusual situations, and working 2 days a week is not an un- normal nanny job, sorry)

deefin · 27/04/2012 09:46

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nannynick · 27/04/2012 09:47

If you are genuinely self employed, then you dictate the terms of the agreement. So you can tell her that you want payment all year round, if that is what you want. Though you may prefer to charge more money for worked hours to take into account for unpaid holiday time.

Have you sorted out the NI payments?

npg1 · 27/04/2012 09:50

Ok thanks.

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npg1 · 27/04/2012 09:50

I am going through the process of self employment so I can start paying

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