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A GUIDE TO EMPLOYING A NANNY

The Jersey Child Care Trust is a charity that aims to make a real difference for families, childcare providers and other professionals. This guide aims to be useful to both parents and nannies in Jersey. It has all the information needed to help create a successful childcare arrangement in the family home. The Jersey Child Care Trust is open between 9 am and 4.30 pm, Monday to Friday to help answer any queries you may have.

The Jersey Child Care Trust would like to thank the local nannies, children and parents who gave up their time to be photographed for this guide.

Photography by Dasa Wharton Photography.

THANK YOU

Jersey Child Care Trust, The Bridge, Le Geyt Road,St. Saviour, JE2 7NTJersey, Channel Islands

Tel: 01534 629901 Fax: 01534 629902 Email: [email protected] Website: www.jcct.org.je

DOCUMENTS IN THE SERIES 01

JERSEY CHILD CARE TRUST A GUIDE TO EMPLOYING A NANNY

Intro to quick guide 1. What nannies do 2. Recruiting a nanny 3. Your responsibilities 4. Family life 5. Nanny accreditation 6. Further contact info

Employing a nanny... a quick guide

Depending on your family situation, employing a nanny can be a great

way of securing high quality, cost effective childcare, but there are a

number of steps to complete to meet your responsibilities.

1. Decide what you want a nanny to do, using the Jersey Child Care Trust

sample job description as a starting point (fact sheets 1 and 2).

2. Before recruiting a nanny, know what security checks to carry out.

Or advertise for a Jersey Child Care Trust accredited nanny; all the

main checks are done for you (fact sheets 2 and 5).

3. Register with the Tax Office and Social Security; you’ll be paying

your nanny’s contributions on their behalf (fact sheet 3).

4. Check your legal responsibilities under Jersey law, consider what terms

and conditions to offer, and download a Terms of Employment contract

from the Jersey Advisory and Conciliation website. Give it to your new

nanny within four weeks of the job starting (fact sheet 3).

5. During an induction period, discuss the nanny’s expected duties

and provide guidance on how your family life works (fact sheet 4).

If you are thinking of employing a nanny to care for your children, this guide will equip you with information to make the right choices.

Our fact sheets cover the main areas that you may need to think about.

1. Why choose a nanny and what nannies do

2. Finding the right nanny for your family – recruitment (including job description)

3. Becoming an employer – your responsibilities

4. Family life – working together

5. Accreditation with the Jersey Child Care Trust

6. Where to go to find out more

There is no legal requirement in Jersey for a nanny to be qualified, but the Jersey Child Care Trust (the Trust) strongly advises that nannies working in Jersey should be qualified and join its accreditation scheme. Accredited nannies have a level 2 childcare qualification or above, and meet the quality criteria that has been set and checked by the Trust.

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DOCUMENTS IN THE SERIES

What do nannies do?Nannies care for babies and young infants, or older children, in the family home. They can offer flexible childcare, working full-time or part-time hours to suit the family situation, and may live with the family or in their own home. When you have two or more pre-school aged children, a nanny may be a more affordable childcare choice.

A nanny works with the parents or carers to encourage, engage with, and support children in their all-round development, and to meet their everyday needs. They should build a positive and mutually supportive relationship with parents, who may look to their nanny for guidance and help in developing their own parenting skills.

Research shows that the emotional bond a child develops with their parents and caregivers influences their health, relationships and behaviour. To grow up

emotionally healthy and to become a secure and happy adult, babies and children need a warm,

secure and continuously stable relationship with the people looking after them. If a child’s relationships in their early years are positive, they are more likely to grow up with higher self esteem, more resilience, better problem solving skills, and be more independent.

That is why it is important to choose a nanny that is right for you and your family and to build a relationship that will result in the best outcome for your child.

We hope this guide will set you on that path.

WHY CHOOSE A NANNY AND WHAT NANNIES DO

‘I’d almost decided to give up work; I was doing shifts, our child

care was costing a lot and it didn’t cover the hours we needed.

A friend suggested we try a nanny and it’s worked wonderfully.

Jane is fantastic; the children love her and I can leave home comfortable

that the children are in good hands. I wish we’d done it earlier.’

ANDREA AND JON, PARENTS TO JOSEPH (2), AND HANNAH (3).


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Which type of nanny?Maternity nurses are specialist nannies who take care of newborn babies for up to three months after the birth. They generally live with the family and are often on call for the baby 24 hours a day, six days a week.

Daily/live–out nannies come to the family home each day to care for the children and are the most common type of nanny. Duties are generally restricted to caring for the children and related household duties such as doing their washing, ironing and preparing their meals. Babysitting in the evenings might be arranged as part of the terms of employment, or in exchange for extra pay.

Live–in nannies live with the family they are working for. They may have their own room/s in the home, or may have separate living quarters.

Nanny share is where one nanny is shared by two families; either at the same time, ensuring that the care happens in both homes at some point, or separately, dividing time between the two family homes and the children. Both families set up a contract of employment independently with the nanny.

A mother’s help usually works alongside the parents in their home, helping with childcare and general household work. A mother’s help is unlikely to have formal childcare qualifications, but may be experienced.

An au pair is different to a nanny. An au pair usually lives with a family, helping in the home and caring for children for a maximum of five hours a day in exchange for accommodation and food, and the chance to learn English.


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Your nanny should be someone you are happy to have in your home; trustworthy, responsible and mature. They should clearly like children and be able to provide warm and consistent care. And, of course, a nanny must be sure that this is the right family for her. Give yourself around three months to find the right person, starting with the job description.

1. Write a job descriptionThe job description helps employers and nannies have a clear understanding of what is expected from the role. It is where you outline what is important to you as a family, and how, given your experience of family life; you think things will work best. A nanny may ask for the job description, and possibly the contract, during the interview.

The Jersey Child Care Trust (the Trust) has a sample job description (see below) that you can adapt to meet your family’s needs, but you still need to consider the skills and attributes you want in a nanny and the kind of jobs you would like them to do.

Also decide what pay, and terms and conditions you will offer before you start recruiting. For more information, see Fact Sheet 3 Becoming an employer – your responsibilities.

2. Recruitment Visit the Jersey Child Care Trust website for available

nannies or positions, or to place your own advertisement.

Advertise or search in the local media.

Advertise with Highlands College for a childcare student or graduate.

Use a UK-based nanny agency.

Ask interested nannies to send an up-to-date CV with a covering letter explaining why they would like to apply for the job.

FINDING THE RIGHT NANNY FOR YOUR FAMILY – RECRUITMENT

‘You need to put in some time to find the person that’s right for

your family and who is going to be happy working with you. When

you’ve decided what you need, found someone suitable and done the

background checks, I’d suggest spending a couple of hours with your

potential nanny and your child – does it feel right?’

ANA, MOTHER OF RUBY (3) AND MAX (8).



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3. Selection and interviewMake a short list of candidates and talk to each person on the phone to set up interview appointments, allowing at least an hour for each person. As a courtesy, inform those that you do not want to interview.

Do not be casual about the selection process; to get the best out of a nanny, you need to plan what you are going to ask. Be factual but friendly; the nanny will be more responsive if you make them feel welcome and at ease.

Do the first interview without your children present to avoid distractions.

Two impressions are better than one; ask a friend or family member to attend the interview.

Prepare questions (see below) and put the same questions to each applicant.

Interviewing is a two-way process. Make sure you offer the nanny the chance to ask questions.

Take notes at each interview to refer back to.

If you like a nanny, arrange a second, less formal, interview with your children present. Make the focus of this meeting more about the children and share their interests, games and toys with the nanny.


Possible interview questions

Tell me about your experiences of working with children as a nanny.

Why do you enjoy working with children?

What do you think is the best way to bring up children?

What activities or outings would you plan for children?

How would you discipline a four-year-old who has hurt another child?

Can you give examples of how you try to work closely with the parents of

the children you care for? For example, how you share information about

the children’s day?

Give me an example of a difficulty you have had with a child and

how you resolved it?

What would you do if...? (Give a scenario, e.g. the child bumps his

head badly.)

What kind of things would you look out for to make sure the children

are safe on a country walk, at the beach, in the car, or at home?

Why did you leave/are you leaving your last job?

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Discuss with your potential nanny...

The job description and contract. Go through them point by point.

It is important that your nanny knows what is expected of them and

what is on offer in return.

Employment history – ask about previous jobs and employers, and any

gaps in employment.

Discipline strategies. Do you both have broadly similar views

on acceptable behaviour and tactics for managing behaviour?

A nanny should never smack or physically hurt a child.

Your home life. Do you have preferences concerning the use

of the computer, television, telephone (including the nanny’s

mobile phone use) and smoking?

Contact with other nannies and their charges and how you feel about

your nanny visiting other households where nannies are employed,

or receiving visitors to your home.

Rules for live-in nannies, such as overnight guests. Make these rules clear

at the interview so that if the nanny accepts your offer of employment,

they understand fully what they are agreeing to.

Rules and information on child safety – in the home, allergies, outings

and using transport.

Any other relevant information (such as how long you expect to

employ a nanny).

It is wise to offer the post on a probationary basis with a ‘get out’ clause

applicable to both sides written into the contract. See Fact Sheet 3

Becoming an employer – your responsibilities for further details.

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4. Background checksAnyone can call themselves a nanny – there is no legal definition of the term. If your nanny is accredited by the Trust they will have undergone a range of checks. Otherwise, it is vital that you do some basic checks to ensure your potential employee has the experience and background they say they do. If you are unsure about anything, contact the Trust for advice. For more information see Fact Sheet 5 – Accreditation with the Jersey Child Care Trust.

Always ask to see:

Proof of identity: The nanny must provide two from the following list: passport, driving licence, birth certificate, bank statement and utility bill. At least one proof of identity should be photographic, and insist on originals; photocopying can disguise forgeries.

References: Ask for at least two referees, one should be the nanny’s last or present employer. If your potential nanny is a student straight from college, ask for a reference from the college tutor, and for a separate reference from their final year placement. Follow up all written references with a telephone call.

Full employment history: Ensure it covers all work done since the nanny left full-time education. Make sure the details of employment history are given in months, e.g. ‘July 1991 – October 1995’ rather than just in years. Does the candidate seem uncomfortable if you probe gaps? Could the gaps be concealing something, such as a criminal record or a medical condition?

Qualification certificates: The nanny should show you the originals of their certificates of qualifications. Do not accept photocopies. The Trust can advise you about the suitability of different qualifications for childcare, as there are many different types.

Medical check: Ask your prospective nanny if they have any health problems, which may affect their ability to work as a nanny for you. Also ask how many days off sick they took during their last job. Cross-check this information with referees.

Criminal records check: The nanny should provide parents with a criminal records check which covers the British Isles. The nanny can request a check through the Jersey Child Care Trust from the Jersey Vetting Bureau. There is a fee for this service, payable by the nanny or employer.

There is no single formal scheme in place to check for criminal records in other parts of the world. Some countries will provide the relevant information if requested. If you are recruiting a nanny who has lived or worked overseas, ask to see their criminal records check or certificate of good conduct. It can be obtained from the relevant country or by contacting the embassy or High Commission of the country in question (details on the Foreign and Commonwealth Office website).

A Jersey Child Care Trust accredited nanny will have passed all of the above checks and you can verify the relevant proof of an applicant’s accreditation by calling us on 01534 629901.

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Some of the areas and duties covered in a job descriptionJob title and overview of role

Example: Live-out, Jersey Child Care Trust accredited nanny to provide complete care for three children in the employer’s home. Nanny to create a safe, nurturing and stimulating environment in which the children can thrive and develop, and perform all tasks related to the care of the children, plus light housework errands and duties as required.

Essential requirements may include:

Minimum relevant childcare qualifications.

Jersey Child Care Trust accreditation.

First aid for children – current certificate.

Proven childcare experience with up to date references.

Driving license and safe driving record.

Example: The nanny must maintain their Jersey Child Care Trust nanny accreditation. This will ensure that up-to-date motor and personal liability insurances are maintained, along with a current first aid qualification.

Note: Employers sometimes offer to cover half the cost of a first aid refresher qualification and personal liability insurance.

Skills and attributes may include: Being reliable, trustworthy, flexible, with emotional maturity, strong interpersonal skills and good planning and organising skills.

5. Model job description

‘My friends and I had been circulating the same old contract between

us for years, but it was hopelessly out of date. I got in touch with

the Jersey Child Care Trust and on their advice put together a job

description, and adapted a standardised contract that I got from the

JACS website. I’m sure these really helped our new nanny Ella and I

have a better understanding of what we were taking on.’

MAXINE, MUM TO AMELIA, (1), TOM (2) AND STAN (7).



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Main nanny duties and responsibilities may include: Providing a rich and stimulating learning environment in and out of the family home.

Acting as a good role model to help develop the children’s social skills.

Working closely with parents to apply the same consistent and positive approach to helping children learn how to behave.

Preparing bottles, and nutritious meals and snacks for the children.

Domestic chores related to the children – including washing and ironing the children’s clothes and bedding, cleaning up after meals, tidying bedrooms and play areas, and shopping for children’s requirements.

Planning and supervising activities, rest, bed, and nap times.

Ensuring the children’s health and safety needs are met, including dealing with sickness, visits to the doctor, dentist and optician, getting hair cut and feet measured.

Household rules may include guidance on: Use of the house phone and computer (for nanny and children).

Use of mobile phone (e.g. phone must always be on during working hours, but never to be used while driving).

Visits to the home by friends/nannies with other children.

Visits from friends/boyfriends for a live-in nanny.

Safety and security e.g. locking the house/advice about pond/pool etc.

Rules about phoning in sick/lateness etc.

Personal activities in work time, e.g. doing small jobs such as collecting dry cleaning while running personal errands for the employer are acceptable.

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You may also want to include more detail in specific areas:Social behaviour and manners Example: We would like to raise children that are sociable and have good manners (‘please’ and ‘thank you’ level). We would like you to model appropriate social behaviour and to help the children develop social skills.

Tidiness Example: We try to keep the house clean and tidy. Please encourage the children to tidy toys and games after use, to keep their bedrooms reasonably tidy, and to help you tidy up. Please leave things as you found them; for example, leave the kitchen clean and tidy if you found it like that.

Children’s illness Example: If the children are sick, we may ask you to take them to the doctor and we will give you full written authority to deal with the doctor, etc. If you have any concerns about their health, do not hesitate to ring us. If you cannot contact either of us, you may act on the authority of my mother. If it is a medical emergency, please seek medical help first then contact us as soon as you can.

Travel and family holidays State if you expect the nanny to accompany the family on overseas travel and holidays. The nanny’s pay should continue as usual and their travel and other expenses should be paid for throughout the trip. The changes to their duties and hours will need to be considered, perhaps with more babysitting and less contact during the day. It is important to bear in mind that the nanny will be away from their private life 24 hours a day for the duration of the holiday.

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A parent’s main concern is to find the best person to care for their children and to build a positive working relationship with them. In recruiting a nanny, however, a parent is also becoming an employer and you have responsibilities under the law that you should discuss and agree with your nanny.

In this fact sheet, you will find information on

1. Social Security, tax, and insurance

2. Terms and conditions of employment

3. Employment contract

Plus a checklist of actions

In brief, you must... Register as an employer with the Social Security Department and Tax Office and pay the relevant contributions on behalf of your nanny.

Know your responsibilities under the Jersey employment law and the relevant employment terms and conditions that will make up your nanny’s contract.

Give your nanny a contract (also known as a ‘written statement of employment’ or ‘terms of employment’) setting out the full terms and conditions of employment that you have both agreed to, within four weeks of their start date.

BECOMING AN EMPLOYER – YOUR RESPONSIBILITIES



‘When we first employed a nanny, there seemed so much to do and

think about, but it’s not as daunting as it looks, and it focused our minds

on just how importantly we had to take our duty of care to our new

employee and the person caring for our precious son.’

SARA AND JOHN, PARENTS OF HELIER (4).

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If you will be sharing a nanny with another family, and the nanny is working eight hours or more a week, consider a ‘single service agreement’ whereby one employer completes a schedule every quarter and combines the earnings from both jobs.

Income Support is available to those parents who qualify when employing a Jersey Child Care Trust accredited nanny. You must normally be working and on a low income.

For more information, please see the Social Security website.

Social Security

You must...

Register as an employer with the Social Security Department.

Hold a copy of your nanny’s registration card for the duration

of their employment.

Pay your nanny at or above the minimum wage.

Pay an Employer’s Contribution of 6.5 per cent of salary and complete

a ‘contribution schedule’ (provided by the department) each quarter.

Deduct 6 per cent from your nanny’s total or gross pay (i.e. pay before

any deductions are made, including, for example, accommodation

deductions) to submit to Social Security as your nanny’s Employee

Contribution.

Keep a record of the wages paid and deductions made for 10 years.

Tax You must...

Register as an employer with the Tax Office.

Receive an income tax installment scheme (ITIS) effective rate notice from your nanny and deduct this percentage from their gross or overall salary. If they do not provide an ITIS rate notice you must deduct the default rate (currently 20 per cent).

Complete an ITIS form each month with your nanny’s gross income along with any tax you have deducted and send the form and payment to the Tax Office. Alternatively, this information can be sent electronically through the Tax Office website.

1. Social Security, tax, and insurance



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Tax relief If you employ a Jersey Child Care Trust accredited nanny (see below) you can receive tax relief on their salary. The amount you can claim depends on your income (and your partner’s income if you are married), how many children your nanny cares for, and their ages.

If you have pre-school children, you can claim enhanced child care tax relief for each year of tax assessment. This is available up to and including the year in which your child is entitled to free early years education through the Nursery Education Fund (NEF).

To receive this tax relief your nanny must have an up to date Jersey Child Care Trust certificate of accreditation, renewable each year.

For more information see Fact Sheet 5 – Accreditation with the Jersey Child Care Trust. If you are in any doubt or have any questions, please get in touch with the Trust.

Benefits-in-kind Put simply, a benefit-in-kind is a ‘perk of the job’, such as gym membership. If you give your nanny or any members of their household any extra benefits, provided either free or below the usual rate, which are not wholly and exclusively for the purpose of the job, you must complete an annual benefit-in-kind return. You must also give a copy of the benefits-in-kind details to your nanny to help them complete their personal tax return.

If you have a live-in nanny, you may need to contact the Tax Office, as accommodation provided by employers is a benefit-in-kind. However, depending on the nanny’s duties the accommodation may be exempt from a benefit-in-kind charge.

For more information on tax, check the Tax Office website.

Insurance Check your nanny has their own personal liability insurance. (Accredited nannies have insurance as a condition of accreditation). As a further safeguard, check your own household insurance policy covers liability for employee injury or illness in your home or elsewhere.

If you are providing your nanny with a car, or you require them to use their own car to transport your children, make sure that they are fully insured to do so and have a valid driving licence.



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2. Terms and conditionsThese set out the detail of the job and the conditions which make up the contract between you and your nanny such as pay, hours of work, holidays, and sickness. You can determine many of these conditions. In most cases there are minimum requirements in law, but many employers opt to follow best practice.

PayPay rates for nannies vary; see the Jersey Child Care Trust’s website which gives average nanny pay rates.

All nannies are employed by the family they work for, not self-employed, and the parents, as employers, must provide an itemised pay slip and details of when and how the nanny is paid, each time that wages are paid. Employers must also make the relevant tax and Social Security contributions on behalf of the nanny.

If a nanny lives in, a sum of money is usually deducted from their wages to pay for accommodation and food. There is a maximum amount of money an employer can deduct and details are available from the Social Security Department. Please note that when completing tax forms or Social Security schedules, the nanny’s salary should include the amount deducted for accommodation.

Unless specific conditions apply, a live-in nanny is entitled to the same rights as live-out nannies under Jersey employment law. See the Jersey Advisory and Conciliation Service (JACS) website for more information.

Minimum wage rates and accommodation deductions change regularly. For up to date information, see the employment relations section of the States of Jersey website.

Holiday entitlementUnder Jersey employment law nannies are entitled to a minimum of two weeks holiday leave, but it is accepted practice for nannies to have a minimum of four weeks (pro-rata for part-time employees) holiday entitlement.

All employees are also entitled to paid time off on all public, bank and States of Jersey statutory holidays (such as Liberation Day when it falls between Monday to Friday) that fall on working days, or equivalent paid time off if required to work.

It is also accepted practice to let a nanny choose the dates for at least two weeks of their holiday entitlement, irrespective of whether they work part-time, full-time, or you share them with another family. Some families take their nanny on holiday with them, but this does not count towards the nanny’s annual leave and they will need to be paid as normal.

All holidays accrue through the probationary period and holiday builds up on a month by month basis so that, after, say, four months of employment, an employee will be entitled to 4/12ths of their annual entitlement.



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When writing the contract (also known as written statement of employment or ‘terms of employment’), give enough detail to allow the employee to accurately calculate their holiday entitlement. State the number of paid holidays, when the holiday year begins, if leave can be carried over, and entitlement to holiday owed on termination of the contract.

Example: You are entitled to 20 days of paid leave a year, in addition to public and bank holidays. You are entitled to choose the dates of 10 of those days; the employer will choose the dates of the other 10 days of leave. In both cases, three months notice is required. The holiday year begins on 1 January each year and 3 days may be carried over each year until March of that year when the leave will expire. On termination of the contract, if you have leave owed to you, it may be used to shorten the notice period by the equivalent number of days.

Sick payIf a nanny is unwell or injured and needs more than two days off, they may be eligible for sick pay (called Short Term Incapacity Allowance) from the Social Security Department.

To qualify, a nanny must get a medical certificate from their doctor and have paid sufficient Social Security contributions over a certain period of time. Staff at Social Security can work this out and give advice by telephone or in person. A nanny is not allowed to work during this time.

The payment from Social Security may not be as much as a nanny’s salary. Under Jersey employment law, employers do not have to offer additional sickness pay, but it is good practice to do so.

In the contract, you must clearly state the number of days a nanny is allowed off work when ill, before a doctor’s certificate is required, and the arrangement between you and the nanny concerning Social Security payments (e.g. you pay the nanny her usual salary as normal, but she gives you her Social Security sickness benefit payment). You may also want to set a limit to the number of paid sick days.

Example: If you are absent from work for one or two consecutive days you will receive full pay at the discretion of the employer. A medical certificate is to be produced on the third day of illness.

When illness is covered by a medical certificate you will receive full pay less any sickness benefit received from Social Security, up to a maximum of two weeks per annum, at the discretion of the employer.

Maternity leaveThere is currently no right in law to maternity leave in Jersey, but a draft law is due to be published with proposals for two weeks paid maternity leave and up to 16 weeks unpaid leave, making a total of 18 weeks.

In the meantime, an employer should make every effort to grant maternity leave in line with the current voluntary code or public sector maternity provisions and it is expected that employers will follow a typical maternity leave policy, such as that on the JACS website or the one used by the States of Jersey.



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In a typical policy, the employee is entitled to two weeks maternity leave on full pay (less the standard rate of Social Security Maternity Allowance) immediately following the birth of the baby and a further six weeks unpaid maternity leave on request.

In addition, in a typical policy, if an employee has worked for an employer on a permanent basis for at least one year, including a satisfactory probation period, they should receive an enhanced maternity entitlement. Check with JACS and the Social Security Department for up to date information.

Redundancy termsAn employee with a minimum of 2 years qualifying service, who is made redundant, has a right to a redundancy payment – as long as they worked 8 hours a week or more.

The minimum redundancy payment is one week’s pay per full year of service e.g. a nanny who has worked for an employer for 4 years and 8 months is entitled to 4 weeks pay.

So if you anticipate that your nanny will work with you for at least 2 years, you should budget for redundancy pay at the end of their employment with you, even if it has always been known that the post would finish when, for example, your children started school.

Disciplinary and grievance procedures There is no requirement in law to provide disciplinary and grievance procedures, but clear rules benefit both nanny and employer and it is good practice to set standards of conduct at work and make it clear to your nanny what is expected of them.

Rules should cover such matters as timekeeping, absence, health and safety, use of phone/computer and other household equipment/facilities, performance, and behaviour.

If the employer needs to take disciplinary action, the procedure must be carried out in a fair and reasonable way. Good practice is as follows:

First occasion: The employer gives the nanny a verbal warning.

Second occasion: The employer gives the nanny a written warning.

Third occasion: Final written warning followed by dismissal.

This list is not exhaustive, but examples of misconduct may include:

Causing a disruptive influence in the household.

Job incompetence.

Unsatisfactory standard of dress and appearance.

Conduct during or outside working hours prejudicial to the interest or reputation of the employer.

Unreliability in time keeping or attendance.

Failure to comply with instructions or procedures, e.g. driving while using a mobile phone.

Breach of confidentiality clause.



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Minimum period of notice of termination to be given by the employer

If the nanny has worked for... The employer must give notice of...

More than 1 week

and less than 2 years 1 week

More than 2 years

but less than 3 years 2 weeks

3 years and over 2 weeks plus an additional 1 week’s

notice for each year of service up to a maximum of 12 years

For example, if a nanny has worked 3 years, an employer must give notice of 3 weeks.

If a nanny has worked 4 years, an employer must give notice of 4 weeks.

Gross misconduct is behaviour so bad it fundamentally destroys the contract e.g. theft, verbal or physical abuse, child abuse or neglect, bullying, alcohol/drugs at work etc. An employee who has committed an act of gross misconduct can be dismissed without notice; known as summary or instant dismissal. The employer should tell the nanny the implications of summary dismissal, e.g. loss of notice, no pay in lieu of notice, or other bonuses. The nanny should have the right of appeal to an agreed third party.

Grievances If either the employer or the nanny has a grievance against the other, after first discussing it between themselves, they have the right to seek advice in confidence. For example, from Voice (education and childcare professionals union), JACS, or the Trust.

Termination The employer or the nanny can terminate the contract, but in either case, under Jersey employment law, each must give a minimum amount of notice. The exception to this is if the contract is ended because of gross misconduct on the part of either the nanny or the employer when no notice will be given.

An employer can state in the contract that during the first 4 weeks of service, a shorter period of less than 1 week’s notice can apply, but after 4 weeks, the minimum set out below must apply.

If you both prefer, an employer and nanny can agree longer periods of notice in the contract.

If an employee does not work their notice, the employer can deduct from their final wages a sum of money equal to the payment for the hours not worked.

Short or fixed term contracts: Where the employment is not on a permanent basis then the contract needs to include more detail. Please refer to JACS for more information.



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3. The employment contractBy law, employees should have a contract containing terms and conditions (also known as a written statement of employment or ‘terms of employment’) within four weeks of starting work.

The Jersey Advisory and Conciliation Service has developed a model contract of employment for employers to use. You can find it on the JACS website under Model Policies and Procedures/Written Terms of Employment - Employment (Jersey) Law 2003.

You must include each section of the contract as set out in the JACS version. Where a section is not relevant or you do not offer such an arrangement, you must state that in the contract. All changes to a contract must be agreed with, and put in writing to an employee. If you share a nanny, both families must supply an individual contract for the nanny.

You can add your own specific contractual conditions to the JACS contract under Special Conditions. For example:

Continued employment is dependent on the successful completion of a three month probationary period.

If the nanny is not Jersey Child Care Trust accredited: Continued employment is dependent on accreditation within three months of starting employment, or on completion of the probationary period.

If the nanny is Jersey Child Care Trust accredited: Continued employment is dependent on annual re-accreditation.

Confidentiality: It is a condition of employment that now and at all times in the future, the employee shall keep the affairs and concerns of the householder and its transactions and business confidential. (An exception to this would be in the case of a child protection issue where a nanny who has a child protection concern can make a referral to the Children’s Service.)

If you have any questions or are uncertain about adding your own contractual conditions, contact JACS for free help and advice by phone on 01534 730503 or by email to [email protected].

Minimum period of notice of termination to be given by the employer

If the nanny has worked for... The nanny must give notice of...

Less than 26 weeks No notice required

More than 26 weeks but less

than 5 years2 weeks

5 years or more 4 weeks



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4. Your checklistRegister as an employer with the Social Security Department and the

Tax Office

Download model contract from JACS and fill in the details of the

nanny job

Agree terms and conditions with your nanny. Provide them with a

contract of employment within four weeks of employment starting

Receive your nanny’s Registration card, and calculate and submit

employer and employee quarterly contributions based on their

gross salary

Receive an ‘effective rate’ notice from your nanny and submit their

ITIS contribution

Check tax relief benefits for Jersey Child Care Trust accredited

nannies

Declare to the Tax Office any taxable perks of the job

(benefits-in-kind) given to your nanny

Check insurance policy for employer liability insurance



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Family lifeThe family life of a nanny and an employer may be very different. When you recruit someone to look after your children in your home, you owe it to the nanny, and to your family, to have a clear picture of exactly what the nanny’s duties will involve. The key to making it work is taking the time to explain in detail what your life is like, what is important to you, and how you intend that the nanny should take account of this.

FAMILY LIFE - WORKING TOGETHER


‘Our nanny Ana and I agreed to overlap by at least twenty

minutes a day so we could have time for a chat before I went

to work and at the end of her day. This was anything from a

quick rundown of the day, to how a particular issue might be

dealt with to ensure a consistent approach. Ana was with us

for five years and I think that daily chat was an important part

of what made the partnership work so well.’

ALEX, FATHER TO TOM, (6).

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Unless a nanny is very experienced, they are unlikely to hit the ground running. It is a good idea to set aside a week or two for an induction period. If you are working, try to set aside at least a week of leave to enable the nanny to shadow you and to become familiar with the family’s routines, routes to school, nursery arrangements and/or activities. During the induction period, the nanny will also want to spend time getting to know the children and get a feel for the way you like to run your family life. Things to think about include:

Children Your children’s favourite foods, and what you prefer them to eat.

Special toys, comforters, books and characters.

Any allergies or regular medications – how and when to administer.

Routines (sleep, play, bath time, eating).

Approach to discipline.

Any preferences or rules about television, computer and computer games.

Household Provide contact details for school, GP, dentist etc., friends and family, and parent/s at work, plus information on household equipment and procedures (locking house, location of medicine box, paying expenses, fitting car seats etc., location of parks, playgroups, doctor etc.).

Introduce the nanny to:

Family members, friends and neighbours.

Playgroups, swimming classes etc.

Children’s teachers and key workers.

Children’s friends, and their carers/parents.

Information on parent and toddler groups, arts and crafts and other related activities for children is available from the Jersey Child Care Trust website.

Communication and the ongoing relationshipSet aside paid time either side of the nanny’s day to have a brief chat about the night before, or the day’s events and plans. It is a chance for you to discuss how to meet the changing needs of the children as they grow, learn and develop, and to give and receive feedback. The key is to establish and maintain positive, open communication.

In addition, it may be worth arranging a longer, paid meeting outside of usual working hours every few months so you can both discuss the children’s development. This gives the nanny the opportunity to ask questions and suggest improvements, and gives the employer the chance to offer positive feedback, or to discuss possible changes. At this meeting, you can also review terms and conditions, pay, and any other relevant contractual details.

If communication breaks down and things are not going as well as you hoped, it may be worth seeking help to resolve your difficulties. The Trust may be able to help, and if not, we will know who to refer you to.



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The Jersey Child Care Trust (the Trust) nanny accreditation scheme benefits nannies, employers and children.

Accredited nannies appreciate the increased employment opportunities, and recognition for their skills and professionalism.

Parents appreciate the extra security and peace of mind accreditation offers, the simpler recruitment process, and the financial benefits that choosing an accredited nanny brings.

Both the Tax Office and Income Support recognise accredited nannies so eligible parents may apply for child care tax relief or the child care component of income support, depending on their individual circumstances.

To become accredited, a nanny has to be formally assessed by the Jersey Child Care Trust. The nanny

goes through a comprehensive and objective evaluation process, and has to pass a strict set of criteria that

demonstrates professionalism and good practice.

To become accredited, there are five steps to follow, taking between two and three months in total. Each step must be completed satisfactorily for the nanny to achieve accreditation.

1. The nanny completes the application form and the Trust checks their qualifications are relevant and genuine.

2. The Trust requests and checks references and copies of all certificates.

3. The Trust requests a criminal records check. If the nanny has lived outside the British Isles, they must provide a police check from the relevant country.

4. The nanny completes a written self-assessment.

5. The Trust meets the nanny to complete the process.

NANNY ACCREDITATION WITH THE JERSEY CHILD CARE TRUST


‘I’ve worked as a nanny for a good few years and I’d recommend

becoming accredited; you get the extra recognition within your

field of work, and families know they’re getting a professional,

plus they get tax relief so it’s win-win for everyone.’

FRANCESCA, NANNY TO TOM (2), JACK (5) AND LAURA (12).

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Nannies may start the accreditation process themselves, or do it with the support of their employer. In the first instance, the nanny or employer should check with the Jersey Child Care Trust that the nanny has a suitable qualification, and if so, complete an application form – available from the Trust website or from the Trust office at The Bridge, St Saviour.

When the application form arrives, the Trust carries out the relevant checks, including first aid qualification, child protection training, motor and personal liability insurance. A criminal records check (also known as a DBS check) is also carried out through the Jersey Disclosure and Barring Service. This check covers the British Isles. There is a fee for this service, payable by the nanny or employer. If the nanny has lived outside the British Isles, they must obtain a police check from the relevant country and the Trust will have this translated.

Following the initial stage of accreditation, the nanny is sent a self-assessment form to complete. It includes number of questions designed to get the nanny thinking about their practice, and their relationship with the family they work with.

Finally, the Trust will arrange a time to meet the nanny, usually in the employer’s home, to discuss their application. If all stages are satisfactory, the nanny will receive their certificate of accreditation and can call themselves a Jersey Child Care Trust accredited nanny. Their employers may now be able to claim child care tax relief on the nanny’s salary.

Accreditation starts officially from the date the Trust receives the completed application form, and lasts a year. The nanny must renew their status annually by applying to the Trust.



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WHERE TO GO TO FIND OUT MORE


Association of Nanny AgenciesTel: 0162 1892080 Email: [email protected] Web: www.anauk.org

CACHE (childcare qualifications)Tel: 0845 347 2123 Email: [email protected] Web: www.cache.org.uk

Department for Education, Sport and Culture Tel: 01534 445504 Email: [email protected] Web: www.gov.je/education

Family Well-beingTel: 01534 449495 Email: [email protected] Web: www.familywell-being.je

Highlands College Jersey

Tel: 01534 608608 Email: [email protected] Web: www.highlands.ac.uk

Income Tax OfficeTel: 01534 440300Email: [email protected]: www.gov.je/TAXESMONEY/

INCOMETAX

Jersey Advisory and Conciliation Service (JACS)Tel: 01534 730503 Email: [email protected] Web: www.jacs.org.je

Jersey Child Care Trust Tel: 01534 629901 Email: [email protected] Web: www.jcct.org.je

Jersey Vetting BureauTel: 01534 612555Email: [email protected]: www.gov.je/stayingsafe/

protectingvulnerablepeople/registeringwithjvb

Social Security DepartmentTel: 01534 445505Email: [email protected]: www.gov.je/Government/

Departments/SocialSecurity

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