Tag: employment

Working hours for live-in nannies. What are your rights?

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Live-in workers and rest breaks

Although UK law gives employees certain statutory rights, domestic employees, including nannies (whether live-in or live-out) are exempt from some of the provisions relating to working time. In particular, they are excluded from the provision that limits the maximum number of hours worked each week to 48. This means that it is lawful for employers to advertise jobs that require a working week that is in excess of 48 hours. However, working hours must be agreed before the employment contract is signed. The employer cannot subsequently give notice of their intention to extend a nanny’s working hours without understanding that this is a renegotiation of contract that the nanny is not obliged to accept.
Despite this, nannies still retain certain rights relating to working time.

Rest breaks during the working day

Domestic workers are entitled to an uninterrupted 20-minute rest break for every six hours worked. There is no obligation for this rest break to be paid, and it may take the form of a tea or lunch break. In reality, for nannies this right can be impossible to take up due to the need for the ongoing supervision of the children in their care. Consequently, most nannies recognise that they must be flexible when it comes to rest breaks.

Daily rest periods

For every 24-hour period worked, a nanny is entitled to a daily rest period of at least 11 consecutive hours.

Weekly rest periods

For each week worked, a nanny is entitled to one consecutive 24-hour period off work.

Holidays

A full-time nanny is entitled to a minimum of 5.6 weeks’ paid holiday per year. This can include bank holidays.

What if it is not possible to take the prescribed rest periods?

Most nannies accept that it will not always be possible to take the rest breaks and periods to which they are entitled. However, there is provision for a worker who has been required to work during a rest period to take compensatory rest later. This should be the same length of time as the rest period that the worker was not able to take. Further information is available from Acas but sometimes it may be necessary to seek specialist legal advice or to look for a new position.

What happens if a nanny is asked to work longer hours than contracted for?

The employer cannot expect additional hours to be worked without agreeing either additional pay, perhaps at an hourly rate, or equivalent time off in lieu. Moreover, the nanny’s rights to rest periods remain applicable.

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Nannies and basic employment rights

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Employment law – the basics

Starting a new job is often a worrying time for anyone but particularly so for those, such as many nannies and domestic workers, who have moved to the UK from elsewhere. Living and working in a private home may seem rather isolating, leaving the worker open to exploitation. It should be reassuring to learn that the UK has a strong employment law framework, which provides considerable protection for employees. This includes nannies employed in a private family home.

The employment contract

An employment contract is an agreement to work for someone in exchange for money. It is quite usual for a worker to presume that because they have not signed an employment contract, no such contract covers them. However, an employment contract can be written or verbal. Both types are valid and legally enforceable. In the context of a nanny, even if there is no written contract, it is still probable that a verbal contract governs the relationship between the parties. This is likely to be the case even if the employer either regards the nanny as self-employed or casual labour, or refuses to address the issue at all.

Indications of employment

An individual is in an employment relationship if the employer tells them what to do and when to do it. The following factors are also strongly indicative of an employment relationship:

  • • that individual is expected to perform the job themselves, and is not allowed to substitute another person in their place;
  • • the individual receives an agreed amount of money at regular intervals;
  • • the employer provides relevant equipment; and
  • • the individual is not expected to find their own substitute if they are too ill to work.

Written terms and conditions of employment

Whether a contract is oral or written, an employee is entitled to receive a written statement of their terms and conditions of employment within two months of beginning work. This is evidence of existence of an employment contract. As a minimum, the written terms and conditions must state:

  • • the employer’s and employee’s names;
  • • the date employment and continuous employment started;
  • • job title and description;
  • • employment location;
  • • pay and its frequency (usually monthly or weekly);
  • • working hours;
  • • holiday allowance and entitlement (number of days and any restrictions on when they may be taken); and
  • • details of any relevant collective agreement (this is unlikely to apply to a nanny).

Employment protections

There are two types of protection: statutory and contractual. All employees benefit from the statutory protections laid down by law. The most important of these provide for:

  • • the right to a written statement of the terms and conditions of employment;
  • • the right to paid holiday leave at the normal rate of pay;
  • • the right to maternity leave;
  • • the right to a minimum amount of sick pay for anyone too ill to work;
  • • the right to a redundancy payment provided the individual concerned has been employed for at least one month; and
  • • protection from unfair dismissal for anyone employed for a minimum of two years.

It is not permissible for an employment contract, whether written or verbal, to offer less protection than is provided for by statute. In such cases, the statutory provisions prevail.

Common contractual problems affecting nannies

The uniquely vulnerable position of many nannies makes them at particular risk of exploitation by employers who either do not understand the law or who choose to ignore it.

Withholding of salary when the family goes away

It is not uncommon for nannies not to receive their salary when the family for which they work go away on holiday. There are two important points to note here.

    • 1. If the nanny accompanies the family, he or she must be paid their normal rate of pay.
    • 2. If the family does not require the nanny’s services during the holiday, it may be acceptable to require that nanny to take some of their own holiday leave during this time but this must be paid leave. “Rolled up” holiday pay is only permissible for casual and agency workers, neither of which apply to a nanny with a subsisting employment relationship.

Overtime issues

Overtime is any time that is worked in excess of the hours agreed in the employment contract (whether oral or written). Although there is no legal requirement to pay an employee for overtime, that employee’s pay must not fall below the national minimum wage. Some employment contracts provide for overtime payments and the appropriate payment must be made where such provision exists.