Really complicated part-time nanny entitlements question

[EllaAndTheDolphins]

If a nanny was employed on a flexible basis, say 2 days a week, but sometimes worked more and sometimes worked less - and these two days weren't Mondays - how would this work with holidays?

1. How would her holiday entitlement be calculated if one week she worked two days, the next week she did full-time hours, the next week she did one day etc?

1. Could a core hour situation be set up whereby she was always guaranteed to be paid for two days even if she worked less, and then any extra hours obviously paid extra? Could holiday entitlement then be calculated against these two core days? So. 5.6 weeks pro rata against two days? Which would work out as...???

1. If the employers themselves are on fixed holidays, would it be feasible/ fair to ask the nanny to take all of her holidays when the employers take theirs?

1. If the nanny were to bring her own child to work, and agreed a lower rate than the going rate for this, would the nanny be entitled to ask for the going rate for times such as babysitting when her own child would not be with her?

1. Is it completely unreasonable to ask her to be so flexible as to keep her week completely free as sometimes the employers will need her full-time? (Considering she only wanted to work two days a week anyway, but is happy to work extra aometimes.)

Long and boring, sorry, TIA.

I have no idea except that I know that the answer to your question 5 is outrageously unreasonable! Any hours that you require your nanny to keep free just in case you need her should be paid in full.

1. holiday is worked out on CONTRACTED hours

2. yes, thats how i reckon it should work

3. most nannies wont like this... (unless you give lots and lots of holiday off, i mean what if nanny needs holiday outside of your holiday? to attend a far away wedding for example?) as an employer you can legally dictate all holiday, BUT i would never work for anyone who wouldnt let me choose any
   generally nannies choose half, employers choose half and if you as employer choose more nanny just gets more paid holiday

4. yes... why should she get paid less when not with her child

5. yes this is completely unreasonable
   if you want her avaliable to you all the time then pay her all the time (my old bosses used me for an average of about 22 hours a week but paid me for 50 so i was available to them, )and also gave me 10 weeks holiday))
   If you contract her for 2 days then accept that she has a life and will not be garenteed to be available to you

you sound like you want this one person to look after your children ALL the time. dont forget that agencies will provide you with temp staff and that your nanny herself may get ill etc so you will need alternative cover anyway

Thanks for your feedback.

Re: the answers to the last question - even if the employers provided details of the shifts at least 6 weeks in advance?

Question 3 - employers are tied to certain holidays within school holidays, which is why there isn't much scope for flexibility on this.

This is purely hypothetical, by the way.

if you are a teacher and tied to school holidays its slightly different....

i know a few nannies who work for teachers... the deal is with the exception of maybe a day or 2 at the beginning or end of holidays when their boss is in school prepping etc they get all 13+ weeks off.

most of us dont mind that if we get lots of paid holiday too

as i say I dont work for teachers but now 3 nannies that do and that is how it works for them...

and yes even if shifts are provided 6 weeks in advance there is no reason why your nanny should have keep 5 days a week free for you if she is going to be paid for 2 days.

1. i assume that you would base it on hours worked,but depends if you contracted the nanny to 2 days a week

1. cant see why not

1. i personally wouldnt agree to take my holidays in only school holidays, it can double the cost of going away, and tbh while im childless i dont see why i should pay a lot more for going away - but by all means ask

1. yes as she is giving up her free time

1. yes completley - if you may need the 5days you either pay for them or have to accept the fact that your nanny may be busy/working if you change days and not free

i would ask flowery for the legal aspects of 1 and 2

I'm sorry you have assumed I am the employer - I'm the nanny - I am trying to ask ambiguously for unbiased answers without releasing too many details but failing!

One of the parents is in a situation where they are only able themselves to take certain holidays - university/ work placement - very full-on, and the other parent works away a lot. Some weeks more hours would be needed. Some weeks less. Always paid for minimum of two days, even if only working half a day.

I am trying to get an idea of what is reasonable/ unreasonable for me to accept or things I need to take into consideration before I agree to anything contractually.

if you are always paid for 2 days then i i assume you would you be entitled to 11.2 days a year

have they asked you not only take your holidays in school hols? as i said, i personally wouldnt do this,but know of nannys who do

they can not expect you to be free, even if 6 weeks in advance on the 3 otherdays

most nannys are willing to be flexible, i normally work mon, tue and wed, but happy to swap days about or work extra is mb needs me if i am free, just as she has swapped days about for me for holidays/friends wedding etc

1. Calculate the holiday for the Average Contracted Hours. See TUC: Holiadays (PDF) page 5

Also see DirectGov: Time Off and Holidays for details of holiday when the employee has irregular working patterns.

1. Yes, contracted hours are those that are paid regardless of working less hours.

Holiday entitlement would be calculated for those contracted hours, but additional hours would be as Irregular Working Patterns (see above).

1. Employers are allowed to state when their employee can take holiday. However, you may find it hard to find a nanny who would agree to such a contract.

1. The rate you decide to pay for babysitting can be different to the daytime rate.

1. Yes, it is completely unreasonable. If you need a nanny available 5 days a week, you will need to pay 5-days per week in my view. You could pay a lower rate for the on-call hours but not sure if any nannies would agree to such a thing.

Have you found a nanny who is willing to consider such flexible working?

You're the nanny... well, only you know what you are happy with. If you are happy not being paid 5-days per week... then you could negotiate an on-call rate and a working rate. If you are on-call, you still build up paid holiday.