Nanny contracts

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• Why do I need a nanny contract?
  
• My nanny and I have talked this over and we both know what we expect of each other. Isn't that enough?
  
• Aren't we both protected by employment legislation in any case?
  
• What should I include in the contract?
  
• Does anything else need to go in the contract?
  
• Who should keep the contract?
  
• When should we draw up the contract?
  
• Can the contract be changed?
  
• What happens if there is a dispute?
  

Why do I need a nanny contract?

When you employ a nanny, you are entering into an agreement, or a contract. If you commit the terms of the agreement to paper, and you both sign it, you have a record for all to see. Although this may seem overly formal, it is the best way of clarifying the arrangement, and helping to prevent any misunderstandings that could arise in the future.

For example, when you first employ a nanny, the hours, salary and conditions will be uppermost in both of your minds. But as time goes on, the original agreement can become a little hazy. Was it 8am or 7.45am that your nanny said she would start work? Or perhaps she is looking a little tight-lipped these days when you get home. Could it be that you are getting back later and later? And so on.

A contract professionalises the relationship between you and your nanny and shows the value that you place on her skills. Employees are responsive to feeling valued and your nanny is more likely to take this job seriously if you show that you do, too.

My nanny and I have talked this over and we both know what we expect of each other. Isn't that enough?

The trouble with verbal agreements is that they are subject to different interpretations. A comment like, "You probably won't have to work many Fridays" could be understood by a prospective nanny to mean, "This job is generally from Monday to Thursday", while the employer may actually mean, "I hope I can swing it at work to have Fridays off".

While verbal contracts are legally binding, there are much harder to enforce because it is one person's interpretation against another's. Committing an agreement to paper is a great way of making the meaning crystal clear.

Aren't we both protected by employment legislation in any case?

The answer is that yes, it does protect you, but your contract is personal to your circumstances. A written statement of employment is something that most employees are entitled to by law so really there is no excuse for not providing one.

What should I include in the contract?

You and your nanny should discuss what is to be included in the contract. There are plenty of sample contracts that you can look at. For example, the Professional Association of Nursery Nurses will send you one in its pack "All you need to know about working as a nanny". This costs Ģ5 (including postage) and is available from PANN, 2 St James' Court, Friar Gate, Derby DE1 1BT, or by phone on 01332 372337. If you are using a nanny agency, ask them if they have a standard sample contract.

All employees are entitled to a written statement of employment, provided their employment lasts for more than a month. This statement must include the following information, which could form the basis of the contract:

• Names of employer and nanny

• Place of work

• Job title

• Start date

• Hours of work

• Salary details

• Holiday entitlement

• Sick leave entitlement

• Pension arrangements (even if there are none)

• Notice period.

• Details of disciplinary procedures and sackable offences

Does anything else need to go in the contract?

The list above covers the basic ingredients of an employment contract. But there are other clauses that you could add. For example, do you want your nanny or their friends to smoke near the baby? Or ring their relatives in South Africa during the day? Remember that this job is going to be taking place in your home, and you will expect your nanny to live by your standards while they are on duty.

The following clauses could be included in the contract:

• Duties in detail

• Overtime/time off in lieu arrangements

• If live-in, any babysitting arrangements or weekend work expected

• House rules, such as what happens when friends stay, smoking etc

• Use of telephone and other household appliances

• Use of car

• Date of salary review

• Dress code, if any

• Family holiday arrangements

• Length of probation period

• Payment of petrol money if nanny uses their own car.

• Insurance arrangements

Who should keep the contract?

Both you and your nanny should sign two copies of the agreement and keep one copy each. Put it in a safe place - postnatal amnesia can strike when least expected!

When should we draw up the contract?

You must provide your nanny with a statement of employment within eight weeks of the start date. But it is a better idea to draw it up and sign it before your nanny starts work.

Can the contract be changed?

Yes, it can be changed at any time, provided that you both agree to the changes and sign the new copy. Then it will supersede the old one.

What happens if there is a dispute?

The bottom line is that you would both go to an employment tribunal where the case would be heard and a decision made. However, that should be your final step after trying to resolve the situation by any other means. If you feel that there is a problem between you and your nanny, you should sit down and talk to them about it. Your contract should be a valuable reference document here. If this results in deadlock, you should involve the agency that placed your nanny, who should offer a mediation service for you. If you still have a dispute, contact the Employment Tribunals Service, telephone 08457 959 775.

For general advice on employment legislation and good practice, contact ACAS (the Advisory, Conciliation and Arbitration Service), telephone 08457 474747.

Reviewed October 2007.