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Paid childcare

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

Supply service agreement for babysitter

9 replies

Sodbdkl · 02/09/2013 20:53

We are planning to use a babysitter as per below:

  • The girl would work 3h per day, 5 days a week at my place
  • She will earn a weekly salary of £130. I don't know if she has or will have any other revenue from elsewhere
  • She is not a childminder or self employee or registered with any office / body

In order to legally use her services for babysitting, could we simply do a supply service agreement stating duties, salary and termination notice and not a formal contract? Do we have to declare her?

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eeyore12 · 02/09/2013 20:58

Yes you will need to declare her as you are employing her and will be paying her over the tax and ni threshold each week.

Sure someone will be along soon with more details. But yes you will nee to register as an employer and pay her tax and ni so agree a gross rate with her not a nett.

Sodbdkl · 02/09/2013 21:01

Regarding tax, I thought that because she will earn less than £145 per week, no tax we be requested to be paid? Do I still need to declare her?

Regarding the contract: can a service supply agreement be enough given that I might not be her only one client?

OP posts:
NickNacks · 02/09/2013 21:04

You're not her client- you're her employee! (As pp stated)

NickNacks · 02/09/2013 21:04

employer

OddBoots · 02/09/2013 21:10

I think HMRC would regard you as the employer.

"You are probably employed if you:

have to do the work yourself
work for one person at a time, who is in charge of what you do and takes on the risks of the business
can be told how, when and where you do your work
have to work a set amount of hours
are paid a regular amount according to the hours you work, and get paid for working overtime - even if you do casual or part-time work, you can still be employed"

www.hmrc.gov.uk/working/intro/empstatus.htm

Cindy34 · 02/09/2013 21:20

This is not ad-hoc, they are your nanny. Call them what you like but as you say they are not self employed.

No problem you writing a contract of employment and agreeing the salary as Gross. Then registering as an employer and if necessary operating PAYE. There are different thresholds for registering as an employer and operating PAYE, so you may well not be deducting much. New employers helpline with luck will be able to tell you if you can use whatever system they have in place now for really small employers.

3 hours per day, 5 days per week is a bit commitment from someone really. Are they really sure they want to commit to work that much? Do you really want to be an employer? Perhaps find two people or more to do it so it can be more ad-hoc.

Cindy34 · 02/09/2013 21:21

What is a supply service agreement? How is that different to a contract?

lovelynannytobe · 02/09/2013 21:22

She won't be a babysitter but a nanny. Babysitter is someone you use occasionally and what you described is pretty regular.
If you do not know how to work out tax etc try nannytax. They are very helpful, will do everything for you and are well worth the fee.
You need to sort out a proper contract and agree on duties, holiday pay, sick pay etc.

NomDeClavier · 03/09/2013 13:13

As others have said you need to employer as a nanny, and as you're paying over £109 you need to declare the earnings although she may not be liable for tax. If she has other employment you will need to declare and she will be taxed.

It doesn't matter whether she has other jobs. You require her to be in a specific place at specific times. You dictate what she will be doing. You have agreed a rate of pay for those hours and if you need more you pay more.

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