PT Nanny pay bank holidays - how to be fair

[user1490025201]

We are moving and looking to hire a nanny 2 days a week - with my children also looking to attend a nursery 3 short days a week.

I have found a nanny we like and offered her to work Tuesdays and Fridays (with the children set to attend nursery the other days - Monday, Wednesdays and Thursdays). The nanny has asked if there is any chance we could move her Friday day to another day. And whilst Friday is slightly better for us with a nanny - we could technically change the day.

Issue is - as my eldest is bit sensitive, I would like the nursery days the children to attend to at least follow 2 consecutive days, and that there is a break of at least a day between the nanny days. Which leaves me Monday and Thursdays to offer the nanny. Now Monday obviously includes virtually all of the bank holidays within a year. I spoke to a nanny payroll company whom would do the contract - and they advised the contract as standard would meet the legal requirements, stating that bank holidays would be included within holiday entitlement not in addition. But is that kind of behaviour frowned on? Feels very mean - but on the other hand - it starts becoming very expensive to hire someone PT (on a Monday) if I don't include bank holidays within the holiday entitlement. Would you state this is what you are going to do as part of the offer to the nanny? Just trying to work out how people hire a PT nanny if that also includes a Monday.

Thanks in advance.

Hi! You have two options - we have an amazing PT nanny who works on a Monday and we just give her those days off (not included on holiday). We love her and it is a nice extra for her. Or you could do what my work does and I am entitled to a pro rata amount of bank holidays - i work 3 days a week so I am entitled to 3/5 of the bank holidays. If more than that fall on my working days I take the equivalent amount of fewer days holiday, if less the opposite. Hope this makes sense?

Bank Holidays are worked out Pro rata and included in over all holiday allowance. That's not mean its standard.

I had a Nanny for 3 years who worked 3 days, including Mondays. Her husband had to work Bank Holidays, so she rarely wanted them off, and preferred to use her holidays elsewhere.

I would chat to her and ask how she sees it working, and take it from there.

We enjoyed having an extra pair of hands on day trips ( We had 3 DC all aged 1 to 3 when she started!) and occasionally did something just for US on a precious day off, with the children taken care of. One memorable time we flopped back in bed and slept as the twins were both teething and the sleep was absolutely delightful! Guilt free!

they advised the contract as standard would meet the legal requirements, stating that bank holidays would be included within holiday entitlement not in addition. But is that kind of behaviour frowned on?

No, as a nanny who likes working part-time full day jobs this is standard and is to be expected. These days I don't even expect to have a bank holiday off as many parents do need to still work those days.

Working 2 days per week your nanny is entitled to a minimum of 11.2 days of annual leave. Could you offer more, such as 12, 13, 14?

Bank holidays occurring on a Monday will vary a little year to year.
Assuming you are in England, then in 2021 it is 5 on a Monday, in 2022 there are 6 bank holiday Mondays, 2023 there are 6. In those 3 years there are no bank holidays on a Thursday - be aware that it does happen sometimes.

Feels very mean - but on the other hand - it starts becoming very expensive to hire someone PT (on a Monday) if I don't include bank holidays within the holiday entitlement. Would you state this is what you are going to do as part of the offer to the nanny? Just trying to work out how people hire a PT nanny if that also includes a Monday.

So if you agreed 12 days annual leave, then that still leaves 6 days, of which you may choose 3 and they choose 3, or you choose 4 and they choose 2. You decide how many you choose... you legally can choose all but I would not do that.

The nanny has asked if there is any chance we could move her Friday day to another day.
So you are being nice in accommodating that and by doing so it means that if Monday is the day agreed then it will mean a lot of annual leave is used by bank holiday Monday's. That's the way it is when an employer does not need their employee to work on a bank holiday.

Would you state this is what you are going to do as part of the offer to the nanny?
Yes absolutely. I would even try to provide a calendar of all the pre-selected annual leave days for the next year or two so there is no misunderstanding that those days HAVE to be taken off as annual leave, but keep other dates variable so you and they can have some choice. Do look at weeks like Christmas and determine if non-bank holidays then will also be determined as annual leave days right from the start.

I am a nanny working 2 days a week, Mon and Fri. All Bank Holiday Mondays are taken as part of my holiday entitlement. I am more than happy with this and would not expect my employers to give me these days off paid on top of 11.2 days holiday.

Thanks everyone - really appreciate all the advice!! Super helpful.

It is fine. i have had 3 say jobs, including a Monday. My annual leave allowance was pro ratad and it was 17 days, including the bank holidays falling on my working days. So 5 or 6, depending on the year. The rest ( 11 or 12 days) were decided half- half, so half of my days were picked by rhe family and half by me. If the family did go away for more than they had to pay me because it was their choice to go away. All of this is very standard for a nanny contract

Surely she'd get 2/5ths pro rata of the bank holidays in hours worth, asi would also do her annual leave allowance.
So though she'd be off for Bank holidays, she'd only be paid for 2/5th.
Standard.