Do you pay your nanny for bank holidays?

[ImagineJL]

My nanny has just done her December invoice for me, and I've noticed she's invoiced me for boxing day. I honestly can't recall what we've done previously as she hasn't been with me that long and she doesn't work Mondays anyway, which are the usual bank holiday dates.

Do you pay your nanny for bank holidays?

Erm nannies don't invoice, they are employees and earn a salary.

Is this person maybe a childminder?

Either way do you have a contract to refer to?

Unusual for a nanny to give their employer an invoice. Do they have some kind of flexible hours arrangement thus they are keeping track of hours worked?

Assuming you are in the UK, a nanny is normally an employee and thus has statutiry rights - statutory holiday entitlement 5.6 weeks (which can include bank holidays).

If they were self employed (unusual for a nanny unless working ad-hoc for many families) then it would be down to their terms of business with regard to what they do and don't charge for.

I haven't a clue about the legality, but morally of course you should pay her.

If she's self employed then no she shouldn't be claiming for holidays or sickness. But, it's very very unlikely that she can be a self employed nanny, unless she's very ad hoc or a maternity nurse.

As a nanny she should be paid by you and not been issuing an invoice; unless it's just an additional invoice of overtime hours worked RE bank holidays if the nanny works days that are bank holidays and has them off then yes they are paid if they work Tue-Thur then they don't get Bank holiday monday or Good Friday as paid.

"RE bank holidays if the nanny works days that are bank holidays and has them off then yes they are paid if they work Tue-Thur then they don't get Bank holiday monday or Good Friday as paid."

This is wrong; a part time employee must not receive less favourable terms just because they are part time: all employees must receive at least 5.6 weeks paid holiday per year (which can include paid bank holidays).

But the key point here is the "invoicing" bit - are you paying this nanny through PAYE? If not, why do you think her work for you does not come under PAYE?

She's self employed, her choice, but works regular hours.

your nanny cant be se and you dictate reg hours/days to her, that is employment

but no if she is se (dodgy) then she cant expect to be paid for illness or holidays, unless you signed a contract saying that

do you have a contract?

She doesn't get to choose. That's not how the system works.

If she's working regular hours for you at times and places of your choosing and you require her present so she cannot send someone else in her place or just tell you she's unavailable she's employed.

As an employee she gets paid holiday, including Bank Hols.

'She's self employed, her choice, but works regular hours'

If she is wrongly stating she is self-employed and is found out the fine will come to you not her, so you might want to check it out.

Take a look at this:

www.hmrc.gov.uk/working/emp-in-home.htm

You cannot choose your tax status I'm afraid.

If she only works for you and you dictate the terms of employment then she's an employee.

As for bank holidays yes we pay - on top of a holiday allowance. And they must be pro-rated accordingly if part time regardless of whether or not her work days fall on a bank holiday or not.

You should pay regardless. I have paid cleaners in the past (ones that worked a full day a week).

You don't have to pay bank holidays on top of the 5.6 weeks holiday, it can be included in this allowance (prorated if part time) although fronds in what is in your contract
Obviously Imagine you have a few more issues to deal with now though - I recommend PAYEfornannies.co.uk who will help you get a contract in place and set up PAYE going forward