Nanny employers in Scotland - will your nanny keep working?

[Littlemissweepy]

I’ve posted on and read the other threads on this in a UK wide context and after initial confusion, got comfortable that it was within rules to have our nanny continue to work. She’s full time- looks after my two young children only, in my home. I’m a single mum, and working full time also. We are in Scotland.

Now we are coming out of lockdown, differences between the 4 nations and how they are handling this are more and more pronounced. Latest guidance published 18 May by Scottish Government which I only spotted at the weekend says this

What does this mean for nannies and babysitters?

Nannies and babysitters, as with any other childcare provider, should only still be operating if they are providing services to key workers or to vulnerable children or to support families who have ongoing regular or irregular care needs or one-off care scenarios (e.g. birth of a sibling or attendance at a medical appointment).

If providing childcare for key worker families and/or vulnerable children, nannies and babysitters are strongly advised to limit the number of households for whom they provide childcare to to in order to minimise the risk of transmission between households. Where possible this should be a single household.

The exception to this would be residential nannies who would be expected to be following the same restrictions as other households (with the assumption that their employer’s home is their household).

A single household should limit as much as possible the number of different babysitters or nannies they are using. This should be the same person wherever possible.

I’m trying to get clarification on how to interpret this. Firstly think it is bonkers trying to address nannies and babysitters together - entirely different things! Plus wonder if “regular ongoing care needs” means we are ok as I certainly have those. But then anyone who employs a nanny has regular ongoing care needs FFS.

My nanny is happy to work, but only if it isn’t against the rules. Same here, I want her to work, her job is not redundant, but only if it is legal!

How are you interpreting this, are your nannies still working if they can? Seems mad to have to furlough now we are on phase 1 of lockdown release when she has worked safely throughout the peak.

I'm in England so the rules I am following are different but looking at what is posted on your post it would seem that your nanny can work for you legally as long as you're a key worker unless she's live in then she could work for you even if you're not a keyworker

I am not a key worker btw, and my children aren’t “vulnerable”

It seems from that snippet of guidance that it's a no then if you're not keyworker etc

Thanks Looney. That’s the guidance in full. I guess I can read it as key workers, vulnerable children OR those with ongoing regular care needs (me!). The rest of it basically saying - nannies should minimize people they work for (she only works for me) and families should minimize nannies and babysitters we use (we only use her).

The residential exception I can interpret as you should minimize the households you work for unless you are residential then you should only work in that household.

She doesn’t live in.

But I am aware I might naturally interpret things in the way that suits me best (human nature I suppose) so others views are helpful. Also trying to clarify with my agency but they seem to be giving advice based on england only.

or to support families who have ongoing regular or irregular care needs or one-off care scenarios (e.g. birth of a sibling or attendance at a medical appointment).

It's that bit which you are relying on as you are not a keyworker.
The one-off care they have given an example for but they have not for the regular care. So can you use your own judgement... maybe.

Is anyone likely to complain? Nosy neighbours?

Yes exactly my thinking. No, no nosy neighbour atall, she knows and chats to all my neighbours. And no one has batted at eye up to now.

I'd ask her to work.
You can't furlough her, as the work is there to be done. You presumably can't pay her if she's not working (long term) as you'll surely need to take unpaid leave eventually as you can't work and look after dc.
Get her back in if she's happy to, I doubt you'll end up in court over it.

You need her to work and as long as works for just you , I don’t see the problem

Surely they expect Scotland residents to work
?

I am also a nanny in Scotland and have been furloughed.
I work for two families which I think will make things more complicated when I return.
Both employers know I’m happy to return ASAP.
We are currently waiting for clarification from the company they use for wage slips etc as they have been great at updating so far.

If you and your nanny are happy I would continue as you are.

I've been trying to find out about this too. I'd like our nanny to return to work as both DH and I have been severely impacted by having no childcare but I read the guidance as not permitting nannies to return to work yet. However it makes no sense to me that childminders are allowed to open back up but nannies would not.

I spoke to my boss yesterday who confirmed nannies are not included in phase1 in Scotland.
Having looked at phase 2 framework that doesn’t look hopeful either. I really hope I will be back at phase 2 though.
I agree it’s ridiculous we can’t go back

Its crazy if that's the case. I have already taken nearly all my annual leave for this year. I have enough days left to cover half of June. My DH is self employed so every day he's not working he is not earning. We are both so behind with work and so stressed about how we will carry on like this. If I have to take unpaid leave for July and August and beyond then our nanny will end up redundant as I'll lose my job for sure

I spoke to my agency last week NannyPAYE who advised their interpretation of the guidance in Scotland was that my nanny could still work (as we have an ongoing regular care need) and that what the guidance was looking to exclude was casual babysitting and multiple house nanny shares etc.

So we are carrying on and my nanny is back to work, as am I. Would be mad if she is forced onto UC since I can’t furlough.

Thanks that sounds a lot more sensible advice.

I read that as regular care needs

As in the same nanny looking after the same child

So I would work

And in all honesty who will know

Far better for both to work then both lose your jobs