Used to be a childminder but am about to start a nannying job - Advice please!!

[josben]

I am about to start a nannying job and am feeling a bit confused.. Do I need to invoice my employer, do I need to have any insurance - my childminders liability insurance has run out. Am also wondering whether I should ask for a set number of hours per week and whether I should ask for hol/ sick pay... (I didn't get it when I was cjildminding) When I started childminding the NCMA assigned me a mentor who was brilliant and helped me with all the my questions and paperwork, etc.... Can anyone give me any advice?! TIA

You have all the rights of any other employee.

4 week hols
SSP for sick pay
They pay you until such time that the employment is altered or terminated
You should have a signed contract within one month of starting the job.

I'm surprised this has not been discussed unless thisis a cash in hand arrangement in which case none of the above applies. But, the IR might have something to say about it.

I am self employed and do a tax return each year - so i will just carry on doing the same. Its just that as a childminder, virtually all paperwork is left up to you - i think i really need to get a contract sorted asap. The other thing is that the hours in the job are going to be flexible - (to benefit me also - eg less hours during school hols,) so thats why i'm not sure whether i should be invoicing my employer weekly or monthly....? Also - how long would you have a trial period for..? thanks

I think there is about to be a stampede of posters to correct you on the liklihood of the IR approving your status of self employed nanny.

I'll start then . You should def talk to the inland revenue as nannies cant be self employed as a rule. You should have a contract stating number of hours, salary, ssp. The list can be endless, i would suggest going on nannyjob.co.uk as they have sample contracts. But really it is your employer that should be organising that.

In my current job i had 6 weeks trial period which seemed a good amount of time for settling in. You should also get 4 weeks holiday a year all written into your contract and i always have a yearly pay rise not pay review written into my contract as well. My bosses use nannypaye to do my taxes and NI and they get some money rebated at the end of the year i believe.

Call HMRC and ask to speak to a Status Officer - not the Helpline, actually get to speak with a Status Officer as the situation can be confusing and you need expert advice.

Depending on your contract, you may be able to be self employed - but generally speaking it is unusual for a nanny to qualify for that status... as a nanny usually does not have sufficient control over working hours, working days, duties etc.

However you don't mention set hours, thus depending on what is written in the contract, you never know HMRC may say that you could do it on a SE basis.

It is advisable to have Insurance, though it is not currently a requirement under any legislation I am aware of. However, if the parents are paying using Childcare Vouchers or Tax Credits, then you will need to register with SureStart CAS or Ofsted Childcare Register, to be able to accept those, and it is possible that in the future, having insurance will be part of the requirements for that scheme (though is not a requirement at this stage, for CAS).

Trial period could be for as long as your employer likes - it should be mentioned in the contract. Typically 2 weeks to 2 months I would say as a ballpark figure.

What is your contract situation... do you have a written contract of any kind? This could in my view include any e-mail which says what your hours / duties are to be.

Has your Childminder registration lapsed? Could you childmind for some parts of the day when you are not nannying?

If you can give more details about your situation, perhaps we can be of more help.

For example... what are the hours each week, how much do they vary. Where does the childcare take place (I presume at the child's home, as you say you will be their nanny). How much money are you talking about being paid, under £84 a week? Is it a very short term job, or something long term?

Thanks for your responses. The wages probably would be under £84 per week as its only a day and a couple of evenings work. (Around 12 hours per week)

I would be based at the childs home and it is on a temporary basis to start with, though it may end up being permanent. My employer qualifies for childcare vouchers / benefits to pay for me and I am still Ofsted registered which was a requirement of the job...

So, its not totally straightforward and i would like to do everything right. I think that I will talk to my employer about a contract and whether I need to invoice her etc. I'll also go on the nannyjob website...

Your situation seems very complex.
Your Ofsted registration is as a Childminder, not as a Nanny, so technically you can't use that for the parents in this situation - as you are caring for the child at their home.
To use Childcare Vouchers / Tax Credits to pay for a nanny, the nanny needs to be registered with CAS or Ofsted Childcare Register (Voluntary Register, Part B) which is different to that which you are currently registered on as a Childminder! Oh the joy of Ofsted!

However, how are registered as a Childminder, if your insurance has expired? Are Ofsted not concerned about that? Having insurance is a requirement of the National Standards for Childminding and Daycare.

As pay is low, the parents may not need to register as employers, as you may not be paid enough to trigger Tax/NI/EmployersNI. Your employer should seek advice from HMRC regarding if they are required to operate PAYE or not - as working at their home you are a Nanny not a Childminder.

I think the chances of getting it sorted out so that you do everything legally, will take a long time and may me near impossible. So perhaps best to stick as it is and hope for the best.

There is a soluition - care for the children at your house... then you are a Childminder.

OMG! There's a lot more to this than I thought! I did not renew my NCMA registration or my Public Liability insurance as I've decided not to childmind again as it does not really suit me at the moment - but because I knew this job was coming up I did renew my Ofsted Registration, which I thought would be enough to qualify for this job - although it now seems that this will not be valid...! Oh dear! Unfortunately caring for the children at my house is not an option as I am a nanny / mothers home help.

I will ring Ofsted tommorrow and make enquiries about changing my registration to the Ofsted Childcare register... Hopefully that will be okay...? Thanks for your advice nannynick - think I could be getting myself into a pickle ...

josben, our childminder has just started nannying for us. We've registered with the IR as employers and sort out her tax/NI etc. There are nanny payroll and tax companies who can help you with this. We provide her with payslips and a contract stipulating her days and hours of work. We also have a fairly detailed job description.

Our CM/nanny has registered with the childcare approval scheme ( you need CRB, first aid and childcare qualification such as introduction to childcare practice) which allows us to continue to use the workplace vouchers. She needs business insurance for her car and we pay her mileage on top of her salary ( up to 40p a mile). She gets 4 weeks hols and statutory sick pay.

She's also continuing to childmind one day a week . She remains self employed for this job ( her nannying job counts as her primary employment) and sorts out her own tax each quarter.

I think there was a plan a few years ago by OFSTED and the NCMA to allow CMs to become "homechildcarers" but this doesn't seem to have come to pass. Nobody I spoke to in either OFSTED or the local childrens' information service had heard of it when I enquired earlier this year.

From what I understand it isn't usually possible for a nanny to be self-employed but you should probably check this out with the inland revenue.