Employment Law (what every employer should know. . . )

This is a summary of just some of your responsibilities as an employer. You should seek further information as
soon as you are faced with any of the situations described, or in any of the many other circumstances where employment legislation has a bearing.  When you register with NannyMatters you will have access to specialist HR and employment law advice.

Written Employment Contract

In law, you must provide a written contract from your nanny’s first day of work. Ideally, you will do this before the employee starts. Once you have registered with us you have access to our range of employment contract templates.

Employment Status

You must tell us about all payments; you cannot choose to treat any worker as self-employed. See our advice page dedicated to this subject.

Insurance

You must tell your household insurer about your nanny, to cover you for Employers and Public Liability. Normally there is no charge. Beware of policies selling you duplicate cover!

National Minimum Wage

Your employee’s gross hourly rate must not be less than the NMW. Please ask for details.

Payslips and P60

Your employee has a legal right to receive a payslip each pay day and a P60 form each year. We will provide these and you must pass them on.

Holidays

All employees, including temps and part-timers, are entitled to 5.6 weeks of paid holiday pa. That’s 28 days if working 5 days per week, normally taken as 20 days + 8 bank holidays.

Pension

At some point, you may have to enrol your nanny in a pension; we will explain your options. You will have to provide a letter after the first pay day. We prepare this letter for you.

Sick and Maternity

You do not normally need to pay anything at all for the first 3 days of any sick leave, unless you agreed to enhanced sick pay in the contract. SSP starts on the 4th consecutive day of absence and, if the employee qualifies, is payable at £95.85 per week and this is a cost to you. If pregnancy arises, your employee is entitled to 52 weeks’ maternity leave. If she qualifies, you must pay her SMP for 39 weeks, but HMRC do meet the full cost of SMP payments.

Leavers

In almost all cases, your employee will be entitled to a specific period of notice (or payment in lieu if you want to end things immediately). You can normally insist that outstanding holidays are used up during the notice period; alternatively, they can be paid with the final pay. Redundancy pay may also be due, depending on the length of service (minimum 2 years) and the reason for the departure.

Illegal Workers

It is a criminal offence to employ an illegal worker, so you (or your agency) must ensure that your employee is allowed to work in the UK. See www.gov.uk (employing people).

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