Every employee in the UK has certain statutory rights which you as an employer have a legal responsibility to adhere to. The essentials that you need to know as a domestic employer are:
National Minimum Wage
Almost all workers are entitled to by law to recieve the National Minimum Wage, the only exemption is for 'live in' employees. National minimum wage rates are updated by the government every October. Please see our Rates & Thresholds page for all current government rates.
The statutory minimum holiday allowance is 5.6 weeks per year including bank holidays, which is 28 days for a 5-day week. See our holiday entitlement page for how to calculate holiday allowance for part time and short-term contracts.
Statutory Sick Pay
After three days of being off sick, employees are entitled to statutory sick pay, which Stafftax will administer on behalf of our clients. This may be paid as part of or instead of their normal pay. See here for further information.
Statutory Maternity Pay
Any pregnant employee may take 52 weeks leave regardless of their length of service. If they wish to return before the end of the 52 weeks they must give the employer eight weeks' notice. They are also entitled to maternity pay if they have been in the same employment for 26 weeks prior to the 'notification week', which is 15 weeks before the baby's due date. Employers can usually reclaim statutory maternity pay from the government, which Stafftax will do for our clients. We will need your employee's MATB1 form for this, which she gets from her midwife or doctor.
Shared Parental Leave
Expectant parents can share between them the allowed 52 weeks of childcare leave. They can split the leave – and statutory pay – between them either one after the other or both can be on leave at once.
Employees are legally entitled to receive a payslip each time they are paid or just before. Payslips should be kept safe as they act as proof of earnings should the nanny wish to apply for a loan or mortgage. The payslip must contain the gross salary, deductions (including tax and national insurance) and the total amount of 'take-home' pay after deductions have been made. It may also contain your employee's National Insurance Number, their tax code, pay rate and any additional payments such as overtime or bonuses.
Employers are legally required to give employees a Contract of Employment or written Statement of Employment terms within eight weeks of their start date. Stafftax will supply template Contracts for our clients and our team of specialist employment lawyers can help with any specific clauses beyond the standard ones included in the templates.