Tag: Nannies

Why Nannies Need Enhanced DBS Checks

Why Nannies Need Enhanced DBS Checks

A recent petition, spearheaded by the National Nanny Association (NNA), is calling on the Government to require nannies, tutors, and babysitters to undergo an enhanced Disclosure and Barring Service (DBS) check before starting their roles.

Currently, there’s no legal requirement for home-based childcare providers to have an enhanced DBS check. Additionally, self-employed professionals face challenges obtaining one themselves, leaving families and children in potentially vulnerable situations.

The NNA believes that ensuring all individuals working closely with children are screened for a criminal history is a straightforward but essential step in safeguarding their welfare. This forms part of the Association’s larger Road to Nanny Regulation campaign, which focuses on promoting the safety, wellbeing, and development of children across the UK.

Alison Bell and Maria Culley, founders of the NNA, emphasised the urgency of the issue:

“We’re urging the Government to require all nannies, tutors, and babysitters to hold a valid enhanced DBS check before starting their roles. This critical step will create a safer environment for children, protect families, and align home-based care with other childcare settings.”

Beyond DBS checks, the NNA envisions broader reforms to professionalise the industry. Their goals include mandatory first aid training, consistent child development knowledge, food hygiene qualifications, and nanny insurance for sole-charge nannies. By introducing these standards, the Association hopes to establish childcare as a respected and regulated career path.

The petition marks a pivotal moment for families and caregivers alike, highlighting the importance of prioritising safety and professional excellence in home-based childcare.


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

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

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. 1. If the nanny accompanies the family, he or she must be paid their normal rate of pay.
    1. 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.

Nannies and redundancy

The essential nature of nannying means that many jobs come to a natural end as children become older. This may result in a redundancy situation. How this is dealt with is often a cause of concern for nannies and their employers alike. There is a common misconception that special redundancy arrangements apply to nannies and other domestic staff but this is not the case.

 

What is redundancy?

A redundancy is a type of dismissal. It occurs when an individual’s job disappears due to one of a number of possible factors, including when the employer no longer has a need for a certain type of work to be performed. For a nanny, this may occur because their employer no longer needs childcare. Another common scenario that may result in redundancy for a nanny is when the employer’s childcare needs change so substantially that the original job is unrecognisable.

Redundancy notice periods and consultation

UK law protects individuals from being made redundant without appropriate notice and consultation. Consultation means that the employer must explain why the redundancy is necessary and discuss whether there are any alternatives. If the redundancy is unavoidable, the affected person must be given a notice period. The periods are prescribed by law and provide for a minimum of:
• one week’s notice for an employee who has been employed for between one month and two years;
• one week’s notice for each year of employment between two years and twelve years;
• twelve weeks’ notice for an employee who has been employed for twelve years or more.
It is also possible that the contract contains a notice period. This must not be less than the statutory minimum.

 

Redundancy pay

The employment contract may make provision for contractual redundancy pay. If there is no such provision, UK law prescribes for redundancy pay in certain situations. This is called statutory redundancy pay. Employees with a minimum of two years’ continuous service with the same employer are entitled to:
• 0.5 weeks’ pay for each full year of service completed while they were under 22 years old;
• 1 week’s pay for each full year of service completed while they were aged 22 or older but under 41;
• 1.5 week’s pay for each full year of service completed while they were aged 41 or over.
Employees can claim statutory redundancy pay for a maximum of 20 years’ service. Weekly pay is capped at a nationally-prescribed level. In 2017-2018, the level is £489. Employees who are eligible for statutory redundancy pay cannot receive a lower contractual amount as an alternative.

 

Common redundancy problems affecting nannies

Many nanny jobs have a natural end point, which is often when the youngest child of a family starts nursery, pre-school or infant school. Sometimes parents try to incorporate new elements into the nanny’s job, such as housekeeping tasks, but many nannies are unhappy with this. However, unless the nanny’s employment contract states that he or she must undertake such tasks if required, this is likely to be a redundancy situation because the original job has changed to such an extent that it no longer exists.

 

Where there is an ongoing childcare requirement

If the employer still requires childcare, albeit in a different form, they must offer the position to their existing nanny. However, he or she is entitled to decline it, without affecting his or her redundancy rights, if the new role is not comparable in terms of pay, hours, working conditions and requisite skills and experience.

 

Geographical changes

Some contracts contain a mobility clause, which obliges the employee to move with the job. A nanny whose contract contains such a clause is not redundant if his or her employers move in within the constraints of the mobility clause. However, without appropriate contractual provision, it is a potential redundancy situation if a live-in nanny is required to become a live-out nanny, or vice versa.

 

Replacing a redundant nanny

Replacing a redundant nanny with an individual on the same terms and conditions of employment as the first is likely to amount to unfair dismissal of the first individual. This can result in a tribunal ordering the employer to pay compensation to the unfairly dismissed person.

 

Maternity, paternity, adoption or shared parental leave

Although nannies on maternity, paternity, adoption or shared parental leave cannot be made redundant because of the fact they are on leave (or are intending to take leave), they can be made redundant for other reasons. Some nannies may suspect that their employer makes them redundant because it seems easier to continue using the alternative childcare that was put in place to cover the period of leave. This can be difficult for a nanny to prove but it helps if the replacement is performing the same duties on the same terms and conditions.

Pension for Nannies

How does it work?

A percentage of your pay is put into the pension scheme automatically every payday.

A deduction is taken from your pay, your employer makes a contribution and HMRC also contribute by giving tax relief.

The employer and HMRC contributions cost you nothing.

How much would I pay?

You would pay an amount based on your earnings and contribution levels. The summary tables below show how much would be paid in total *

*Table is based on 2016/2017 tax year tax free earnings, qualifying pensions earnings and statutory minimum pension contributions.

FAQs

What if I am working two-part time jobs?

If you are an eligible job holder, you will be enrolled into both employer’s pensions schemes. You will then pay contributions based on your pay at each employer.

It is possible to combine pension pots when you come to retirement. It is recommended you speak to a financial advisor when doing so.

When can I get my pension and how much will I get?

This will all depend on your retirement age and how much you have paid into your pension before retirement. Pensions are invested in stocks and shares and therefore grow with interest, a bit like a savings account.

As you get nearer to retirement age, more of your pension is moved into cash so there is less fluctuation in is value when you want to take it.

The actual amount you could get will depend on many things. Some of these are under your control, like how long you save and the contributions you make. Some of them aren’t, like the contributions your employer makes and how much your retirement pot grows through investment.

You can use the link below to estimate your pension value on retirement:

NEST Pensions

Can I change my mind and get my money back?

You can change your mind and opt out of the pensions scheme. You cannot opt out until after you’ve been automatically enrolled.

The opt-out period is one month from when active membership is created, or you receive their letter with the enrolment information, whichever is latest.

You will be automatically re-enrolled every 3 years so you must write to your employer every 3 years if you want to continue to opt out.

The employer will issue a full refund within a month of receiving a valid notice of any contributions made to your auto enrolment pension.

If you decide to leave the scheme outside the opt out period, you will instead be ‘ceasing active membership’. Whether you get a refund of contributions will depend on the pension scheme rules.

What if I leave the country? *

Option 1 – leave your pensions in the UK pension plan.

Your pension will continue to be held by your pension provider until you claim it. You can request early payment of these pensions from age 55 at which point you may be able to take up to 25% of the value as a lump sum and use the remained to provide a pension for your lifetime. This is based on the UK laws applying to pensions and retirement.

Option 2 – transfer your UK pensions to an approved arrangement in your new country of residence.

It may be possible to transfer your UK pensions to a pension arrangement overseas if the pension plan is a Qualifying Recognised Overseas Pension Scheme (QROPS). In order to qualify as a QROPS and in order to transfer to a QROPS certain conditions must be met.
*information provided via https://www.pensionsadvisoryservice.org.uk/about-pensions/when-things-change/moving-abroad

Starting to work for the employer When your pension should start
Between April 2012 and March 2013 01-May-17
Between April 2013 and March 2014 01-Jul-17
Between April 2014 and March 2015 01-Aug-17
Between April 2015 and December 2015 01-Oct-17
Between January 2016 and September 2016 01-Nov-17
Between October 2016 and June 2017 01-Jan-18
Between July 2017 and September 2017 01-Feb-18