If I employ a nanny on term-time only basis do I pay her for bank holidays?

[SE13Mummy]

As title suggests, I'm struggling to work out how to deal with bank holidays...

We have found a wonderful nanny who will be working 3 days a week, term-time only. If statutory holiday entitlement is 28 days plus bank holidays then presumably she's entitled to ((5.6 x 0.6)x0.75)x5 i.e. 12.5 days but what about the bank holidays? Only one of the bank holidays falls within a school term (the first one in May) so do I just pay her for 13.5 days of holiday?

Also, what would be the best method of spreading the holiday pay? Does it make most sense to divide the 13.5 days holiday pay by the 39 weeks that she works for us and pay a portion of it each week or a lump sum at the end of each term?

Any advice would be much appreciated.

We don't get time off for tea breaks Just like all those SAHM's out there. If we're lucky we get to put our feet up when baby sleeps and when looking after older children we get a break when they are at pre-school once we have done our 'nanny duties'

I wonder how Rest Break is defined, if indeed it is defined at all.

One way of a nanny having a rest break:
Put a Spot DVD on, let child watch it. Nanny makes a cup of tea and drinks it. Turn Spot DVD off.
Maybe not ideal but it does give the nanny say 20 minutes of rest. If all children are napping, then it's easier.

If I was a lawyer advising a large company I might say that there is no point getting anything signed about the holiday pay, the ECJ has already shown that it is willing to ride roughshod over the express wishes of freely consenting parties in favour of the exact form of European Directives - in this matter and elsewhere.

But noone is going to take a parent employing a nanny to Europe, and if it ever came to an Employment Tribunal, bending over backwards to ensure that everyone is clear about what is agreed would be looked upon favourably.

So yes, getting her to sign something like this might be a good idea:

'I understand my statutory entitlement to paid holiday in accordance with the Working Time Regulations 1998, and my entitlement under this contract to [14.5] days of holiday per annum. I will take holiday during the weeks of the year that I am not required to attend this employment and wish to be paid for this holiday pro-rata over the [39] weeks of the year that I am required to attend.'

Then just show separately £[14.5 x daily rate / 39] holiday pay on each payslip - subject to Tax and NI of course.

Because this has ended up quite specific, I need to say: please note that everything I have posted in this thread is for information purposes only and does not constitute advice.

Regarding rest breaks, where an adult worker's daily working time is more than six hours, the worker is entitled to a rest break. This is 'an uninterrupted period of not less than 20 minutes'.

You could put in the contract

'Subject to the following paragraph the Nanny shall take one rest break of at least 20 minutes during each day and shall not be required to perform her duties during this rest break.

The Nanny will ensure the safety and well-being of the children at all times when under her care including during any rest break.'

... but unlike holiday arrangements there is no requirement to put this in a contract or Statement of Terms and Conditions so I would leave it out.

"please note that everything I have posted in this thread is for information purposes only and does not constitute advice."

I think that should be on the standard disclaimer on every post. Also the word Allegedly - isn't that what the BBC add to many things to get around the libel law?

So, just to point out to anyone who cares:
Anything I write on here is for information purposed only and does not constitute advice, plus when talking about specific things, it's only allegedly the situation.

Thank you everyone for your information. Please be assured that whilst I appreciate the input enormously I'm not about to set up a contract including specific MrAnchovy/NannyNick clauses! It's been really helpful to hear from others about some of the things I need to consider but also ways to do/not to do things.

Thank you