Following our recent work on Safer Recruitment, we wanted to look at the other side of the employment relationship: what happens once you have taken the job?
A recent review left on the National Nanny Association’s Facebook page raised a broader concern about exploitation within the nanny profession. While we cannot comment on an individual’s circumstances, it prompted us to look at whether nannies know what to do if something about their employment doesn’t feel right.
As an association, we believe that nannies should understand their employment rights and know where to find reliable, independent advice.
Working in a private family home can sometimes blur the boundaries between being a professional employee and becoming very involved in family life. Being a trusted member of a household is one of the lovely things about being a Nanny — but it doesn’t mean that a nanny gives up their employment rights.
What does exploitation mean?
The word “exploitation” can cover a wide range of situations.
There is an important difference between having a difficult employer, being unhappy with your job, or disagreeing about working arrangements, and experiencing unlawful treatment or serious labour exploitation.
Possible warning signs might include:
- being paid less than the National Minimum Wage when you are entitled to it
- regularly working hours that you are not being paid for
- being asked to work substantially more hours than you agreed
- unlawful deductions being made from your wages
- not receiving payslips
- not being given written employment particulars
- being denied statutory holiday entitlement
- being told that you are self-employed when the reality of your working relationship may indicate otherwise
- being threatened or intimidated when you raise legitimate concerns
- being prevented from leaving a job or being subjected to serious control or coercion.
Not every disagreement with an employer amounts to exploitation, and employment status and individual circumstances matter. If you are unsure, it is better to seek proper advice rather than trying to work out your legal position from social media.
Remember: being a nanny doesn’t mean you are “just helping a family”
If a family directly employs a nanny, they will usually be the nanny’s employer. GOV.UK explains that employers of nannies have responsibilities including providing an employment contract, payslips and paying at least the National Minimum Wage where applicable.
Nannies can have employment rights including minimum wage, protection against unlawful deductions, paid holiday and statutory rest breaks, depending on their employment status.
Your employment status matters, so don’t assume that describing yourself as self-employed means you are legally self-employed.
If something doesn’t feel right, start keeping records
If you are concerned about your employment, keep copies of:
- your employment contract or written terms
- payslips
- records of the hours you work
- messages or emails about changes to your hours or duties
- records of unpaid or disputed hours
- records of deductions from your pay
- holiday requests and responses
- any written conversations where you have raised concerns.
Keep these somewhere you can access them independently of your workplace.
Good record keeping can make it much easier to understand what has happened and to explain your situation if you need professional advice.
Check the facts before relying on social media
Facebook groups and online communities can be incredibly useful places for nannies to share experiences, but employment law is complicated and everyone’s circumstances are different.
If you are concerned about your pay, hours, holiday or employment status, use reliable sources of information.
GOV.UK – Employment rights and status
Acas – employment rights and advice
Acas provides free, impartial advice about employment rights and workplace problems.
What if you are being paid too little?
Employers must pay the correct National Minimum Wage or National Living Wage to workers who are entitled to it.
If you think you are being underpaid, start by checking your contract, payslips and hours worked and use the current GOV.UK minimum wage guidance and calculator.
If the issue cannot be resolved, Acas can provide advice. There are also routes for making a complaint to HMRC about minimum wage underpayment. GOV.UK confirms that workers can complain to HMRC and that complaints can be made anonymously.
Check the National Minimum Wage on GOV.UK
What about holiday?
Workers are generally entitled to statutory paid holiday, although the way entitlement and holiday pay are calculated depends on their working pattern and employment status.
If you are unsure whether you are receiving the holiday or holiday pay you are entitled to, check your contract and seek advice rather than simply assuming that an arrangement is correct.
What if you are told you are self-employed?
This is something nannies should take particular care with.
Your employment status is not necessarily determined simply by what your contract calls you. The reality of the working relationship is important.
GOV.UK sets out the different characteristics of employees, workers and genuinely self-employed people.
If you are unsure about your status, Acas can help you understand the position.
What should you do if you have a problem?
If you feel safe doing so, you might start by raising the issue with your employer.
Try to keep the conversation factual and specific:
“My contract says X, but I have been working Y hours and I haven’t been paid for the additional hours. Can we discuss this?”
Putting important concerns in writing can also help create a clear record.
If the problem isn’t resolved, or you don’t feel comfortable raising it directly with your employer, seek independent advice.
Useful places to start
Acas
Acas provides free and impartial advice about employment rights and workplace problems.
GOV.UK
GOV.UK provides information about employment status, minimum wage, holiday entitlement and other employment rights.
Employment rights and status – GOV.UK
Fair Work Agency
The Fair Work Agency is responsible for enforcing a number of employment rights and GOV.UK advises people with information about worker exploitation to contact the FWA. It works with the police and other organisations where there are concerns about vulnerable workers, labour exploitation or modern slavery.
If you believe you are experiencing serious labour exploitation, you should seek appropriate professional advice and report concerns through the relevant authorities.
You don’t have to work it out alone
Being unhappy at work doesn’t necessarily mean that your employer has broken the law. Equally, something that feels “normal” within nannying doesn’t necessarily mean that it is lawful or fair.
The important thing is to check the facts, keep records and get appropriate advice.
At the National Nanny Association, our role is not to investigate individual employment disputes or tell a nanny what legal action they should take. Our role is to provide information, promote professional standards and signpost nannies towards appropriate sources of support.
We want nannies to enter employment with their eyes open — and to know what professional employment should look like once they are there.
Know your role. Know your rights. Know where to get help.