As a nanny employer in the UK, you have a list of legal and ethical responsibilities towards your nanny.
1. Employment Contract
You must provide a written statement of employment particulars within two months of your nanny starting work.
📘 Employment Rights Act 1996, Section 1 (legislation.gov.uk)
📎 Gov.uk guidance – Written terms of employment
☂️ The Parent & Child Nanny Agency will provide you with a contract template and offer support and guidance with this.
2. Pay and Minimum Wage
You must pay at least the National Minimum Wage (NMW) or National Living Wage.
📘 National Minimum Wage Act 1998 (legislation.gov.uk)
📎 Gov.uk – National Minimum Wage rates
☂️ The Parent & Child Nanny Agency will provide recommended hourly rates for nannies.
3. Tax and N.I
You must Register as an employer with HMRC
Operate PAYE for tax and NI
Provide payslips
📘 Income Tax (Earnings and Pensions) Act 2003
📘 Social Security Contributions and Benefits Act 1992
📘 Employment Rights Act 1996 – Payslips
📎 Gov.uk – Register as an employer
📎 Gov.uk – PAYE for employers
☂️ The Parent & Child Nanny Agency will provide you with a nanny payroll recommendation.
4. Pension Auto-Enrolment
If eligible, you must automatically enrol your nanny in a workplace pension and contribute to that pension.
📘 Pensions Act 2008 – Duties
📎 Gov.uk – Automatic enrolment and pensions
☂️ The Parent & Child Nanny Agency will provide you with a nanny payroll and pension recommendation.
5. Working Hours and Holiday Entitlement
You must provide:
🌂Maximum 48 hours per week (unless your nanny has opted out)
🌂5.6 weeks’ paid annual leave
📘 Working Time Regulations 1998
📎 Gov.uk – Holiday entitlement
📎 Gov.uk – Maximum weekly working hours
☂️ The Parent & Child Nanny Agency will assist with entitlement calculations.
6. Employer’s Liability Insurance
You must legally have employer’s liability insurance in place to employ someone in your home.
📘 Employers’ Liability (Compulsory Insurance) Act 1969
📎 Gov.uk – Employers’ liability insurance
☂️ The Parent & Child Nanny Agency will provide you with a nanny insurance recommendation.
7. Right to Work Checks
You must check and keep a copy of your nanny’s right-to-work documents.
📘 Immigration, Asylum and Nationality Act 2006 – Section 15
📎 Gov.uk – Right to work checks
☂️ The Parent & Child Nanny Agency can carry out right-to-work checks on nannies prior to them starting work.
8. DBS Check
While not a legal requirement for a private nanny, it is good safeguarding practice and is required if your nanny is to become Ofsted registered.
📎 Gov.uk – DBS checks: guidance for employers
📎 Get a DBS check for someone working in your home
☂️ The Parent & Child Nanny Agency will carry out Enhanced DBS checks on nannies prior to them starting work
9. Health and Safety
As a nanny employer, you have a duty of care, in a private residence. Under Section 2 of the Health and Safety at Work etc. Act 1974, employers are obliged to ensure, as far as reasonably practicable, the health, safety, and welfare of their employees at work
📘 Health and Safety at Work etc. Act 1974 – General duties
📎 HSE – Employers’ responsibilities
☂️ The Parent & Child Nanny Agency will provide supporting information on Health and safety in the workplace.
10. Sick Pay and Maternity Rights
You have a legal obligation to provide your nanny with:
🌂Statutory Sick Pay (SSP)
🌂Statutory Maternity Pay (SMP) (if eligible)
📘 Social Security Contributions and Benefits Act 1992
📘 Employment Rights Act 1996 – Part VIII & IX
📎 Gov.uk – Sick pay
📎 Gov.uk – Maternity pay and leave
☂️ The Parent & Child Nanny Agency will assist with sick pay and maternity pay entitlement calculations.
11. Data Protection (GDPR)
As an employer, you will collect and store personal information about your nanny (e.g. passport, National Insurance number, bank details). You must handle this data lawfully and securely under the UK GDPR.
📘 Data Protection Act 2018
📎 ICO – Data protection for employers
☂️ The Parent & Child Nanny Agency will provide supporting information on GDPR requirements when employing a nanny.
12. Record Keeping
You are legally required to keep employment records for a specified period. This includes:
🌂Payroll records (at least 3 years for PAYE)
🌂Hours worked and wages paid (for NMW compliance – 3 years)
🌂Pension contributions (at least 6 years)
Sick leave, maternity/paternity leave records
📘 Income Tax (PAYE) Regulations 2003
📘 National Minimum Wage Regulations 2015
📎 Gov.uk – Keeping employee records
☂️ The Parent & Child Nanny Agency will recommend a nanny payroll company as well as provide supporting information about record-keeping.
