child minder. Think she is taking the p**s
child minder. Think she is taking the p**s
Author
Discussion

firemanSimon

Original Poster:

656 posts

167 months

Thursday 9th May 2013
quotequote all
So not sure where to put this, so mods feel free to move.
Our child minder has just handed us a new contract to sign. Not had one before. We have had a under standing that if the child is sick and off school we still pay as its not her fault that my child is ill. Bank holidays she dose not get paid as the kids are at home with us, or over the summer 6 weeks as the 2 sets of grand parents love having the kids. Now her new contract says these things....
1. Will have to pay her for bank holidays, even though she dose not have the kids.
2. She is now entitled to 4 weeks paid holiday.
3. If she is of ill we still have to pay.
fk that ! Was my first thought. She said to the wife" well if you are ill or its a bank holiday you get paid don't you"
Well yes love because we are salaried workers. You are self employed. I'm not your employer, im your customer.

davepoth

29,395 posts

228 months

Thursday 9th May 2013
quotequote all
She only accrues those employment rights from you if she is employed by you rather than being self employed, so the law goes. One of the lawyery types will be along to explain the ins and outs but if you are the only people who employ her then she might have a bit of a case.

hedgefinder

3,418 posts

199 months

Thursday 9th May 2013
quotequote all
pretty much standard contract, but unless she has a waiting list its possibly negotiable.

Countdown

49,288 posts

225 months

Thursday 9th May 2013
quotequote all
OP - does she work ONLY for you or does she "mind" other children as well?

Countdown

49,288 posts

225 months

Thursday 9th May 2013
quotequote all

HMRC website said:
As a general guide as to whether a worker is an employee or self-employed; if the answer is 'Yes' to all of the following questions, then the worker is probably an employee:

Do they have to do the work themselves?
Can someone tell them at any time what to do, where to carry out the work or when and how to do it?
Can they work a set amount of hours?
Can someone move them from task to task?
Are they paid by the hour, week, or month?
Can they get overtime pay or bonus payment?
If the answer is 'Yes' to all of the following questions, it will usually mean that the worker is self-employed:

Can they hire someone to do the work or engage helpers at their own expense?
Do they risk their own money?
Do they provide the main items of equipment they need to do their job, not just the small tools that many employees provide for themselves?
Do they agree to do a job for a fixed price regardless of how long the job may take?
Can they decide what work to do, how and when to do the work and where to provide the services?
Do they regularly work for a number of different people?
Do they have to correct unsatisfactory work in their own time and at their own expense?
Top 

BE57 TOY

2,628 posts

176 months

Thursday 9th May 2013
quotequote all
Look for a different child minder.

She is effectively putting the price up by charging you extra.

fk that

firemanSimon

Original Poster:

656 posts

167 months

Thursday 9th May 2013
quotequote all
Countdown said:
OP - does she work ONLY for you or does she "mind" other children as well?
No 3 other kids.

Sir Bagalot

7,081 posts

210 months

Thursday 9th May 2013
quotequote all
firemanSimon said:
Our child minder has just handed us a new contract to sign. Not had one before.
Surprised by that. Really is best practice and protects them.

firemanSimon said:
1. Will have to pay her for bank holidays, even though she dose not have the kids.
Standard practice (and yes a CM is selfemployed) but only is they mind your children usually on that day

firemanSimon said:
2. She is now entitled to 4 weeks paid holiday.
Not standard. Usual is 2 weeks full pay but may also include 2 weeks half pay.

firemanSimon said:
3. If she is of ill we still have to pay.
No, this is wrong. If she is ill then she is unable to provide a service, so no pay. Some CM's will provide a service that if they are ill that they will offer to find an alternative CM for you (it's usually a friend of theirs who will be a registered CM)

All depends on the relationship you have with your CM but I would be asking why she has moved the goalposts.

Countdown

49,288 posts

225 months

Thursday 9th May 2013
quotequote all
firemanSimon said:
Countdown said:
OP - does she work ONLY for you or does she "mind" other children as well?
No 3 other kids.
I'd consider her self employed.

If she insists she's an employee then start deducting employees NI and 20% tax. See how she likes them apples.

wolf1

3,098 posts

279 months

Friday 10th May 2013
quotequote all
Had similar with child minders in the past. The bank holiday one was simple to counter. I informed the CM that if she wished to be paid for bank holidays then she will have the kids on that bank holiday (I work bank holidays most of the time). The sick pay for her was countered with 'fair enough but don't expect to fob us off if one of our kids are ill you will be expected to look after them ill or not.

In the end we came to an amicable and workable solution regardless of what she wanted from other parents.

Beyond Rational

3,544 posts

244 months

Friday 10th May 2013
quotequote all
Self Employed and holiday pay? Why do people feel the need to blur the boundaries like this instead of just asking for more money?

mondeoman

11,430 posts

295 months

Friday 10th May 2013
quotequote all
I'd be tempted to tell her to do one.

Hugo a Gogo

23,437 posts

262 months

Friday 10th May 2013
quotequote all
calculate her current total yearly 'wage' at the rates you were paying her

divide it by 12, pay her that much per month

no need to thank me

liner33

10,861 posts

231 months

Friday 10th May 2013
quotequote all
We used to have to pay our child minder 2 weeks holiday per year , seems pretty standard around here

Hoofy

80,002 posts

311 months

Friday 10th May 2013
quotequote all
Sounds standard for an employed childminder. Wait until she goes and gets herself pregnant and you have to pay maternity!

Question is: is she really legally employed or freelance?

Countdown

49,288 posts

225 months

Friday 10th May 2013
quotequote all
liner33 said:
We used to have to pay our child minder 2 weeks holiday per year , seems pretty standard around here
Do you deduct tax/NI/Superann and give her a P60 each year ?


liner33

10,861 posts

231 months

Friday 10th May 2013
quotequote all
Nope

JQ

6,782 posts

208 months

Friday 10th May 2013
quotequote all
We've found that it all depends on the local market - all the CM's talk to each other and when one starts doing something they all do.

We've just had renegotiate our contract as our CM was charging us less the competition and so she's put up her prices - well she's actually not increased the price but just what we have to pay for - the result is the same though.

So before you sack her, you might want to find out what everyone else is doing in your local area.

Hoofy

80,002 posts

311 months

Friday 10th May 2013
quotequote all
I suppose one issue to consider - is she good at her job? If so, then consider it a worthwhile expense to keep her.

Countdown

49,288 posts

225 months

Friday 10th May 2013
quotequote all
liner33 said:
Nope
Then she's not an employee and you're not obliged to give her paid holidays (or any of the other benefits of being an employee).

It seems like the OP's CM wants the best of both worlds.