This letter sets out the terms and conditions of your employment with [employer's name] of [employer's address].
1. Job Title, Duties
1.1 You shall be employed by me as a nanny to provide nanny services to me and to the Child/Children [names]
1.2 You shall carry out the duties set out in the schedule at the end of this contract and any other duties reasonably necessary for the provision of nanny services to me and the Child/Children.
1.3 During the period of your employment by me, you shall, unless incapacitated by illness or injury, and save as otherwise provided at sub-paragraph 1.4 of this agreement, devote the whole of your working time, attention and ability to your duties under this Agreement.
1.4 Subject to my express prior consent, in addition to your duties under this Agreement, you may provide nanny services to no more than one other family, such arrangement to be called a "Nanny Share".
1.5 You must inform me as soon as reasonably practicable if you are unable to fulfil adequately your duties under this Agreement as a result of a Nanny Share being in operation.
1.6 For the avoidance of doubt, if a Nanny Share is in operation, your employment under this Agreement is entirely seperate from your employment by any other employer, and your rights and obligations under this Agreement are in no way affected by any rights or obligations which you may have under any other agreement.
2.1 Your employment by me commenced/will commence on [date]
2.2 No period of employment with any previous employer will count as continuous with your employment by me.
3.1 During your employment by me, I shall pay you a basic gross salary at the rate of [£] per day /week which shall accrue from day to day and be payable by equal weekly/monthly installments pro rata where you are only employed during part of a week/month.
3.2 I shall account for your Income Tax and the basic rate, Employee's National Insurance Contributions and Employer's National Insurance Contributions and shall provide you with evidence of such payment upon reasonable request.
3.3 I shall provide you with a fully itemised payslip at the end of each month, a P60 at the end of each tax year and a P45 at the end of your employment under this Agreement.
3.4 I shall be entitled to deduct from your salary such other monies as may be payable or reimbursable to you and all sums owing or otherwise payable from you to me.
3.5 I shall review your basic salary annually on each anniversary of the commencement of this Agreement and may increase it with effect from that date by such amount as I shall determine at my absolute discretion (without obligation).
4. Hours of Work
4.1 Your normal hours of work shall be from [am] to [pm] Monday to Friday.
4.2 You shall be entitled to [be paid overtime] OR [additional time off in lieu] for any work performed outside your normal hours at [rate]
5. Place of Work
5.1 Your place of work shall be my home at [parent's address] but it may be necessary from time to time for you to work either temporarily or permanently at such other location as I shall reasonably require, provided that you are given reasonable notice of the change in location and the new location is in reasonable commuting distance from my home, the address of which named herein.
6.1 You will be reimbursed all reasonable expenses properly and exclusively incurred in the performance of your duties, provided that you obtain my prior consent for any expenditure over [£]
6.2 I shall reimburse you for any reasonable extra travel expenses incurred by you as a result of you working at another location.
7.1 I shall allow you the use of a motor car, the make and model of which shall be entirely at my discretion, for your use exclusively in the performance of your duties.
7.2 I may at my absolute discretion permit personal use of the car by you alone on such occasions as I shall determine, but such permission may be withdrawn at my absolute discretion at any time.
7.3 I shall be responsible for the running and standing expenses of the car, except for:
-fuel consumed during your private use of the car;
-any fines incurred by you during your business and private use of the car;
-the first [£100] of any damage to the car incurred whilst you were driving it during your private use of the car.
7.4 You shall take good care of the car and shall forthwith notify me of any accidents involving the car and of any charges brought against you arising from driving offences and on the termination of your employment (whether lawfully or unlawfully) you shall forthwith return the car to me together with all keys and other documents relating to the car.
7.5 The car may be replaced from time to time at my sole discretion with a car of such make and model as I determine.
7.6 I may impose such restrictions on the use of the car as I shall determine from time to time.
7.7 It is a condition of the right to the provision by me to you of the use of the car that you maintain a current valid driving licence at all times and are not disqualified from driving.
7.8 I shall maintain a policy of insurance covering your use of the car, subject to you informing me forthwith of any changes in your circumstances which could invalidate or otherwise affect the validity of the policy of insurance.
8.1 I do not operate any pension schemes and shall not provide any other occupational pension benefits to you.
8.2 There is not a contracting out certificate in force in relation to your employment with me.
9.1 Whilst you are working at my home, you will be entitled to prepare yourself no more than 2 meals per day using the food and facilities of the household and, if you have special dietary requirements, to purchase such food as is reasonably necessary for your requirements, the cost of such food to be reimbursed to you by me, subject to you obtaining my prior express consent for such purchases.
10.1 The holiday year shall run from [date] to [date].
10.2 In addition to bank holidays and other public holidays, you shall be entitled to 28 working days' holiday in each calender year which shall accrue from day to day. Any entitlement to a part days holiday will be rounded down.
10.3 Save with my prior consent, you shall not be entitled to carry forward any accrued holiday entitlement from one holiday year to another.
10.4 On the termination of your employment you shall be entitled to be paid in lieu of accrued untaken holiday on a pro rata basis and at the rate of 1/240 (e.g. days of actual employment) of your basic annual salary for each untaken day's accrued holiday entitlement for that holiday year, the excess will be repayable by you and may be deducted from any sums due to you.
10.5 Whenever possible you will take your holidays at the same time as me and my family, and in any event you shall take no fewer than half your holiday at the same time as me and my family.
10.6 You shall not be obliged under this Agreement to accompany the Child/Children on holiday.
10.7 I may require you to take outstanding holiday entitlement during any period of notice.
10.8 Holiday entitlement shall only accrue during any absence due to illness or injury at my absolute discretion without obligation.
11.1 If you shall at any time be absent from work due to illness or injury you shall as soon as reasonably practicable inform me of the reason for your absence and its anticipated duration and shall keep me informed of such matters at such intervals as I may reasonably require.
11.2 If you are absent from work due to illness or injury for more than seven days (including non-working days), you shall as soon as is reasonably practicable thereafter send to me a statement of your incapacity signed by a registered medical practitioner and shall send such further statements at such intervals as I may reasonably require to cover the full period of absence. On each occasion that a medical practitioner's certificate expires and you do not anticipate returning to work, you must notify me as soon as practicable.
11.3 You will be entitled to receive Statutory Sick Pay in accordance with legislation in force from time to time.
11.4 For Statutory Sick Pay purposes, your qualifying days shall be your normal working days, which shall be Monday to Friday.
11.5 If you are absent due to illness or injury, provided that you have complied with the terms of this Agreement relating to incapacity you shall be paid additional sick pay equivalent to your basic salary for such period, but for not more than 5 working days in any calender year, as I in my absolute discretion (without obligation) consider reasonable in the circumstances.
12.1 The first month of your employment by me shall constitute a probationary period during which period either party may terminate your employment by giving to the other party not less than 1 week's prior written notice.
12.2 Subject to provisions for earlier termination contained in this clause, your employment shall continue until terminated either by:
12.3 me providing you with the following periods of notice:
Length of Continuous Employment Notice
up to five years four weeks
between five and twelve years one week for each year of continuous employment
more than 12 years 12 weeks
12.4 you providing me with one month's prior written notice.
12.5 I shall be entitled be entitled to pay basic salary in lieu of notice whether notice is given by me or by you.
12.6 During any period of notice whether given by you or me, I shall be entitled at my discretion to require you not to carry out your duties.
12.7 Your employment shall terminate automatically on you reaching retirement age which shall be 65 years.
12.8 On the termination of your employment for whatever reason, you shall immediately return to me all keys, documents, or other property belonging to me, the Child or the household which are in your possesion or under your control.
12.9 I shall be entitled to terminate your employment summarily, without notice if you:
are guilty of gross misconduct;
have committed a serious or repeated breach of this Agreement;
act or omit to act in such a way as is likely to prejudice the interests or reputation of myself; my family or my household;
are convicted of any criminal offence (excluding minor road traffic offences not resulting in imprisonment);
commit any act of neglect or abuse of the Child/Children;
cause a disruptive influence in the household;
commit any act of dishonesty relating to myself, my family, my household or otherwise; or become bankrupt or make any arrangement or composition with or for the benefit of your creditors.
This list is illustrative and not exhaustive.
13. Disciplinary and Poor
Performance Procedure and Grievance Procedures
13.1 There is no specific disciplinary procedure applicable to your employment nor any specific provisions for dealing with grievances.
13.2 In order to investigate any allegation of misconduct, I shall be entitled to suspend you on full pay for such a period as I shall, at my absolute discretion, determine appropriate in order to carry out a proper investigation. You shall co-operate fully with any such investigation.
14.1 Without prejudice to other obligations of confidence, you shall not, other than in the proper course of your employment either during or after the termination of your employment, use, publish or otherwise disclose to any person any confidential information relating to the affairs, finances or business of me, my family or household.
14.2 You shall not communicate with the Press, broadcasting or other media regarding me, my family, or my household, except with my express prior consent.
15.1 This Agreement shall be governed by the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction to adjudicate any disputes arising under it.
15.2 This Agreement replaces and previous agreement governing your employment by me.
15.3 You shall not make at any time, either during your employment or at any time after its termination, any statement or permit or authorise any statement to be made which is calculated or reasonably likely to damage the reputation or cause other damage to me, my family or my household.
15.4 You shall not at any time after the termination of your employment with me wrongfully represent yourself as being employed by or otherwise connected in any way with me, my family or household.
15.5 You warrant that our are not subject to any agreement, arrangement or understading or subject to any restriction which in any way directly or indirectly restricts or prohibits you from entering into this Agreement.
15.6 No variation or ammendment to this Agreement shall be legally binding unless and until such variation is confirmed in writing and signed by you and me.
15.7 I reserve the right to make minor changes to any terms and conditions of your employment.
Please sign and date one copy of this letter by way of acceptance of its terms and then return it to me.
Yours sincerely,SIGNED by the Employer
I agree and accept the terms and conditions of employment set out in this letter.SIGNED by the Nanny
SCHEDULE OF DUTIES: