nanny employment contract template

7/25/2019 Nanny Employment Contract Template

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PRIVATE AND CONFIDENTIAL

[To]

[Date]

Dear ,

Further to your recent interview with XX, I am delighted to offer you the position of Nanny.

ou will !e !ased at our home at XX and you will !e reporting to XX. "e would li#e to offer a !asic salary of

$XX.

This offer is su!%ect to the &onditions attached in 'chedule (, and completion of a pro!ation period. our start

date is to !e ()rd*une (+- and does not include any agreed 'ettle Days.

To accept this offer, please sign !oth copies of this &ontract and return one copy to myself at XX and retain one

copy for your records. lease also complete the /mployee Information Form enclosed and supply your -0 as

soon as possi!le.

If you have any 1ueries regarding this offer, please do not hesitate to contact me on XX.

"e loo# forward to welcoming you to our home.

'incerely,

XX

/N&.


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SERVICE AGREEMENT

Between

XX

and

XX


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TABLE OF CONTENTS

1. DEFINITIONS............................................................................................................................................4

2. APPOINTMENT........................................................................................................................................4

3. DURATION OF THE EMPLOYMENT................................................................................................... 4

4. PROBATIONARY PERIOD.....................................................................................................................5

. HOURS AND PLACE OF !OR"..........................................................................................................5

#. SCOPE OF THE EMPLOYMENT......................................................................................................... .5

$. REMUNERATION.....................................................................................................................................6

%. EMPLOYEE BENEFITS..........................................................................................................................6

&. DEDUCTIONS...........................................................................................................................................8

1'. EXPENSES................................................................................................................................................8

11. RESTRICTIONS ON OTHER ACTIVITIES BY THE EMPLOYEE................................................... 9

12. CONFIDENTIAL INFORMATION AND EMPLOYER DOCUMENTS............................................. .9

13. TERMINATION........................................................................................................................................10

14. GRIEVANCE AND DISCIPLINARY PROCEDURES........................................................................12

1. NOTICES................................................................................................................................................. 12

1#. FORMER SERVICE AGREEMENTS..................................................................................................13

1$. DATA PROTECTION..............................................................................................................................13

1%. CHOICE OF LA! AND SUBMISSION TO (URISDICTION.......................................................... .13

1&. THIRD PARTY RIGHTS.........................................................................................................................13

2'. COLLECTIVE AGREEMENTS.............................................................................................................13


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THIS AGREEMENTis made on XX

BET!EEN2

1. XX of XX 3)e*e+n,-te* *e-e**e t/ ,0 we 0 /* t)e E567/8e*456

and

2. XX of XX 9:t)e E567/8ee:;.

IT IS AGREED

1. DEFINITIONS

. In this 7greement2

.. the following e8pressions have the following meanings2

9t)e M,n,


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).) The /mployee represents and warrants that he is not !ound !y or su!%ect to any visa

restriction, wor# permit condition, court order, agreement, arrangement or underta#ing which

may in any way restrict or prohi!it him from entering into this 7greement or from performing

him duties under this agreement.

4. PROBATIONARY PERIOD

4.1 The /mployment is su!%ect to a pro!ationary period of );months during which time the

/mployee will !e re1uired to demonstrate to the /mployer


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=..- o!ey the reasona!le and lawful directions of the /mployer6

=..0 comply with all the /mployer:s rules, regulations, policies and procedures from

time to time in force6 and

=..= #eep the /mployer at all times promptly and fully informed 3in writing if so

re1uested5 of his conduct of the !usiness of the /mployer and provide such

e8planations in connection therewith as the @anager may re1uire.

=.( The /mployer reserves the right to suspend all or any of the /mployee:s duties and powers

on such terms as it considers e8pedient 3including a term that the /mployee shall not attend

at the /mployer:s premises5 or to re1uire the /mployee to carry out the duties of another

position either in addition to or instead of his duties as Nanny. The /mployer shall !e under

no o!ligation to assign any duties to the /mployee and shall !e entitled to e8clude him from

its premises.

=.) The /mployer shall !e at li!erty to appoint any other person or persons to act %ointly with the

/mployee in any position to which he may !e assigned from time to time.

$. REMUNERATION

7.1 The /mployer shall pay to the /mployee a !asic annual salary at the rate of $XX per

annum, paya!le !y e1ual wee#ly instalments in arrears on or around the stwor#ing day of

each wee#. The @anager will review the /mployee:s salary on an annual !asis !ut there isno o!ligation on the /mployer to increase the /mployee


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8.2.1 The /mployee shall !e entitled to receive his normal remuneration for all !an# and

pu!lic holidays normally o!served in /ngland and "ales and a further (+ wor#ing

days: holiday in each holiday year 3!eing the period from *anuary to ) Decem!er5.

The /mployee may only ta#e his holiday at such times as are agreed with his

@anager which will usually !e ( wee#s to !e ta#en when the /mployee wishes to

have leave, and ( wee#s when the /mployer wishes to.

.(.( In the respective holiday years in which the /mployment commences or terminates,

the /mployee:s entitlement to holiday shall accrue on a pro rata !asis for each

complete month of service during the relevant year.

8.2.3 If, on the termination of the /mployment, the /mployee has e8ceeded his accrued

holiday entitlement, an amount in respect of the e8cess may !e deducted from any

sums due to him calculated on the same !asis as in clause .(.(and on the !asis ofa daily rate of pay e1ual to G(=+th of the /mployee:s !asic annual salary. To the

e8tent that any sums due to the /mployee from the /mployer are insufficient to cover

the e8cess, the /mployee shall pay the !alance to the /mployer immediately upon

re1uest. If the /mployee has any unused holiday entitlement, the /mployer may

either re1uire the /mployee to ta#e such unused holiday during any notice period or

ma#e payment in lieu thereof.

.(.- Holiday entitlement for one holiday year may not !e ta#en in su!se1uent holiday

years unless otherwise agreed !y the @anager. Failure to ta#e holiday entitlement inthe appropriate holiday year will lead to forfeiture of any accrued holiday not ta#en,

without any right to payment in lieu thereof.

%.3 S+=>ne00 ?ene-+t0

8.3.1 The /mployer shall continue to pay the /mployee:s salary during any period or

periods of a!sence on medical grounds up to a ma8imum of 0 days 3consecutively or

in aggregate5 in any ( month period provided that the /mployee shall from time to

time if re1uired2

8.3.1.1 supply the /mployer with medical certificates covering any period ofsic#ness or incapacity e8ceeding seven days 3including wee#ends56 and

8.3.1.2 undergo at the /mployer:s e8pense a medical e8amination !y a doctorappointed !y the /mployer.

8.3.2 ayment of the /mployee:s salary pursuant to clause .). shall !e inclusive of any

'tatutory 'ic# ay to which the /mployee may !e entitled.

8.3.3 nce entitlement to salary under clause .). lapses, the /mployee shall have noright to any !enefit or emolument from the /mployer.


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8.3.4 If the /mployee:s a!sence shall !e occasioned !y the actiona!le negligence of a third

party in respect of which damages are recovera!le, then all sums paid !y the

/mployer shall constitute loans to the /mployee, who shall2

8.3.5forthwith notify the /mployer of all the relevant circumstances and of any claim,compromise, settlement or %udgement made or awarded in connection therewith6

8.3.6 if the /mployer so re1uires, refund to the /mployer such sum as the /mployer may

determine, not e8ceeding the lesser of2

the amount of damages recovered !y him under any compromise, settlement

or %udgement6 and

the sums advanced to him !y the /mployer in respect of the period of

incapacity.

%.4 Pen0+/n

8.4.1 No provisions for retirement or death in service !enefits will !e made !y the /mployer

for the /mployee !ut the /mployer provides access to a sta#eholder pension scheme

pursuant to the "elfare >eport and ensions 7ct AAA, full details of which will !e

provided on re1uest. There is no contracting out certificate in force in respect of the

/mployeeights 7ct AA=, sections );(B, the /mployee here!y

authorises the /mployer to deduct from his salary andGor any other sums due under this7greement any sums due from his to the /mployer including, without limitation, the

/mployee:s pension contri!utions 3if any5, any overpayments, loans or advances made to

his !y the /mployer, the cost of repairing any damage or loss to the /mployer:s property

caused !y him and any losses suffered !y the /mployer as a result of any negligence or

!reach of duty !y the /mployee.

1'. EXPENSES

+. The /mployer shall reim!urse the /mployee in respect of all e8penses reasona!ly incurred

!y him in the proper performance of his duties, su!%ect to the /mployee providing such


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receipts or other evidence as the /mployer may re1uire. /8penses are paid once a wee# at

the end of the wee# in which they are incurred.

+.( The /mployee may !e issued with a /mployer credit card on condition that he2

+.(. ta#es good care of such card and forthwith reports any loss of it to the /mployer6

+.(.( uses the card only for the purposes of the /mployer:s !usiness in accordance with

any /mployer policy applica!le thereto6 and

+.(.) returns the card forthwith to the /mployer on re1uest.

11. RESTRICTIONS ON OTHER ACTIVITIES BY THE EMPLOYEE

. The /mployee shall not 3e8cept with the prior sanction of the @anager5 accept any

appointment or !e directly or indirectly employed, engaged, concerned or interested in any

other !usiness, employment or underta#ing.

.( 'u!%ect to any regulations issued !y the /mployer, the /mployee shall not !e entitled to

receive or o!tain directly or indirectly any discount, re!ate or commission in respect of any

sale or purchase of goods effected or other !usiness transacted 3whether or not !y him5 !y

or on !ehalf of the /mployer and if he 3or any firm or /mployer in which he is interested5

shall o!tain any such discount, re!ate or commission he shall account to the /mployer for

the amount received !y him 3or a due proportion of the amount received !y such /mployer

or firm having regard to the e8tent of his interest therein5.

12. CONFIDENTIAL INFORMATION AND EMPLOYER DOCUMENTS

(. The /mployee shall not, either during the /mployment 3e8cept in the proper performance of

his duties5 or at any time 3without limit5 after the termination of the /mployment2

(.. divulge or communicate to any person, /mployer, !usiness entity or other

organisation6

(..( use for his own purposes or for any purposes other than those of the /mployer6 or

12.1.3 through any failure to e8ercise due care and diligence, cause any unauthorised

disclosure of, any trade secrets or &onfidential Information relating to the

/mployer !ut so that these restrictions shall cease to apply to any information

which shall !ecome availa!le to the pu!lic generally otherwise than through the

default of the /mployee.

12.2 9C/n-+ent+,7 In-/*5,t+/n9 shall mean details of the /mployers personal or !usiness

affairs, including !ut not limited to, suppliers and their terms of !usiness, details of


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customers and their re1uirements, the prices charged to and terms of !usiness with

customers, mar#eting plans and sales forecasts, financial information, results and forecasts

3save to the e8tent that these are included in pu!lished audited accounts5, any proposals

relating to the ac1uisition or disposal of a /mployer or !usiness or any part thereof or to any

proposed e8pansion or contraction of activities, details of employees and officers and of theremuneration and other !enefits paid to them, information relating to research activities,

inventions, secret processes, designs, formulae and product lines, any information which the

/mployee is told is confidential, or any other information of a private, confidential or secret

nature concerning the /mployer and any information which has !een given to the /mployer

in confidence !y customers, suppliers or other persons.

(.) 7ll notes, memoranda, records, lists of customers and suppliers and employees,

correspondence, documents, computer and other discs and tapes, data listings, codes,

designs and drawings and other documents and material whatsoever 3whether made or

created !y the /mployee or otherwise5 relating to the personal or !usiness affairs of the

/mployer 3and any copies of the same52

(.). shall !e and remain the property of the /mployer6 and

(.).( shall !e handed over !y the /mployee to the /mployer on demand and in any

event on the termination of the /mployment.

(.- The /mployee agrees that the /mployer and its employees and agents may, at any time

and from time to time intercept, record andGor otherwise monitor all communications,

including telephone calls, e;mails, use of the internet and fa8es effected !y the /mployee

using the /mployer:s e1uipment. The /mployee ac#nowledges that such action is

necessary for the /mployer:s lawful practice.

13. TERMINATION

). The /mployment shall !e su!%ect to termination !y the /mployer as per &lause ). during

the first ) months of employment, or2

).. !y not less than month:s notice in writing given at any time while the /mployee

shall have !een incapacitated !y reason of ill health or accident from performing

his duties under this agreement for a period of or periods aggregating + days in

the preceding )=0 days, provided that if at any time during the currency of such a

notice the /mployee shall provide a medical certificate satisfactory to the @anager

to the effect that he has fully recovered his physical andGor mental health and that

no recurrence of illness or incapacity can reasona!ly !e anticipated, the /mployer

shall withdraw the notice6

)..( !y summary notice in writing if the /mployee shall have2


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)..(. committed any serious !reach or repeated or continued 3after

warning5 any material !reach of his o!ligations under this 7greement6

or

)..(.( !een guilty of dishonesty or other conduct tending to !ring herself or

the /mployer into disrepute6 or

)..(.) !ecome !an#rupt or had an interim order made against him under the

Insolvency 7ct A= or compounded with his creditors generally6 or

)..(.- failed to perform his duties to a standard satisfactory to the @anager,

after having received a written warning from the /mployer relating to

the same6 or

)..(.0 without reasona!le cause, wilfully neglected or refused to discharge

his duties6 or

13.1.2.6 !een guilty of any !reach or non;o!servance of any code of conduct,

rule or regulation referred to in clause )..(or failed or ceased to !e

registered 3where such registration is, in the opinion of the @anager,

re1uired for the performance of his duties5 !y any regulatory !ody in

the Cnited ingdom or elsewhere6

)..(.B !een convicted of any criminal offence 3e8cluding an offence under

the road traffic legislation in the Cnited ingdom or elsewhere, for

which the /mployee is not sentenced to any term of imprisonment,

whether suspended or not56 or

)..(. !ecome of unsound mind or a patient within any statute relating to

mental health or have an order made !y any competent court for the

appointment of a receiver or other person to e8ercise powers with

respect to his property or affairs.

7ny delay !y the /mployer in e8ercising such right of termination shall not

constitute a waiver thereof.

13.2 If the /mployer !ecomes entitled to terminate the appointment of the /mployee hereunder

pursuant to clause )..(, it shall !e entitled 3!ut without pre%udice to its right su!se1uently

to terminate such appointment on the same or any other ground5 to suspend the /mployee

on such terms 3including the provision or suspension of any !enefit5 for so long as it may

thin# fit.


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13.3 The /mployer reserves the right at any time to terminate the /mployment !y paying to the

/mployee a sum e1ual to his !asic salary for the relevant period of notice. The /mployer

may e8ercise this right regardless of whether or !y whom notice under clause ).has !een

given and in respect of the whole or the !alance of the notice period which would otherwise

!e re1uired under that clause. For the avoidance of dou!t, the right of the /mployer to

ma#e a payment in lieu of notice, does not give rise to any right of the /mployee to receive

such a payment.

13.4 The giving of any period of notice of termination under clause ).3whether given !y the

/mployer or the /mployee5, does not limit the /mployer:s right to suspend any of the

/mployee:s duties and powers under clause =.(. In addition, or alternatively, the /mployer

may, during the whole or part of such period of notice, re1uire the /mployee to perform

duties 3including any modified duties arising from an e8ercise !y the /mployer of its rights

under clause =.(5 at such locations as the /mployer may re1uire consistent with clause 0.(.

Throughout any such period of suspension or amendment, the /mployee shall continue to

receive his normal salary and other contractual !enefits to which he is entitled under this

agreement.

).0 n the termination of the /mployment or on either the /mployer or the /mployee having

served notice of such termination, the /mployee shall2

13.5.1 forthwith deliver to the /mployer all materials within the scope of clause (.) and

all credit cards, motor;cars, car #eys and other property of or relating to the

!usiness of the /mployer or of any Jroup /mployer which may !e in his

possession or under his power or control, and if the /mployee should fail to do so

the /mployer is here!y irrevoca!ly authorised to appoint some person in his name

and on his !ehalf to sign any documents and do any things necessary or re1uisite

to give effect thereto.

14. GRIEVANCE AND DISCIPLINARY PROCEDURES

-. The /mployee is referred to the grievance and disciplinary procedures which are attached tothis agreement at 'chedule . The /mployee and the /mployer agree that these

procedures are non;contractual.

1. NOTICES

0. 7ny notice or other document to !e given under this 7greement shall !e in writing and may

!e given personally to the /mployee or the @anager of the /mployer 3as the case may !e5

or may !e sent !y first class post or other fast postal service, in the case of the /mployer, its

place of residence and in the case of the /mployee either to his address shown on the face

hereof or to his last #nown place of residence.


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0.( 7ny such notice shall !e deemed served when in the ordinary course of the means of

transmission it would first !e received !y the addressee in normal !usiness hours.

1#. FORMER SERVICE AGREEMENTS

=. This 7greement shall !e in su!stitution for any previous letters of appointment, agreements

or arrangements, whether written, oral or implied, relating to the employment of the

/mployee.

=.( The /mployee here!y ac#nowledges that he has no outstanding claims of any #ind against

the /mployer 3otherwise than in respect of remuneration and e8penses accrued and due at

the date of this 7greement !ut not yet paid5.

1$. DATA PROTECTION

B. The /mployee consents to the /mployer holding and processing !oth electronically and in

hard copy form any personal and sensitive data relating to the /mployee for the purposes of

employee;related administration, processing the /mployee:s file and management of its

!usiness, for compliance with applica!le procedures, laws and regulations and for providing

data to e8ternal suppliers who administer his !enefits solely for the purpose of providing the

/mployee with those !enefits.

1%. CHOICE OF LA! AND SUBMISSION TO (URISDICTION

. This 7greement shall !e governed !y and interpreted in accordance with /nglish law.

.( The /mployee here!y su!mits to the %urisdiction of the /nglish &ourts, !ut this 7greement

may !e enforced !y the /mployer in any court of competent %urisdiction.

1&. THIRD PARTY RIGHTS

A. Nothing in this 7greement confers on any third party any !enefits under the provisions of the

&ontracts 3>ights of Third arties5 7ct AAA.

2'. COLLECTIVE AGREEMENTS

(+. There are no collective agreements in place which effect the /mployee


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'igned !y the said /mployee on

"itness name2 KKKKKKKKKKKKKKKKKKKKKK

7ddress2 KKKKKKKKKKKKKKKKKKKKKK

KKKKKKKKKKKKKKKKKKKKKK

KKKKKKKKKKKKKKKKKKKKKK


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'chedule DISCIPLINARY AND GRIEVANCE PROCEDURES

Int*/=t+/n

The procedure set out !elow is intended to help and encourage all employees to achieve and

maintain high standards of conduct, attendance and %o! performance. This procedure applies to allemployees. It is the overriding aim of the /mployer to ensure that there is a consistent and fairtreatment for all employees.

The procedure is non;contractual.

The /mployer reserves the right to change the terms of this procedure at any time.

The /mployer may invo#e and apply this procedure at any stage which it decides to !e appropriatehaving regard to the misconduct in 1uestion.

At e,=) 0t,


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In the case of minor offences or failure to achieve satisfactory standards, the employee will !e given aformal oral warning !y his or her immediate manager. The employee will !e advised that the warningconstitutes the first formal stage of the disciplinary procedure and that a note will !e placed on theemployee


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A66e,70

The employee may appeal in writing against any decision ta#en in a disciplinary interview. Theappeal should !e made within five wor#ing days of the interview and sent to the employee


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3f5 the admission of unauthorised personnel onto /mployer premises6

3g5 violent, a!usive or intimidating conduct, physical or ver!al6

3h5 conduct violating common decency6

3i5 deli!erate or wilful damage to /mployer property6

3%5 se8ual, racial or other harassment6

3#5 unauthorised use or disclosure of confidential information or !reach of any provisionsrelating to confidential information in an employee


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G*+e,n=e P*/=e*e

It is inevita!le that from time to time employees may have a grievance relating to their employment.The /mployer encourages free communication !etween employees and management to ensure that1uestions and pro!lems arising during the course of employment can !e aired and, where possi!le,

resolved 1uic#ly and to everyone


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'chedule (CONDITIONS

'atisfactory >eferences( fsted registration

) 7nnual Disclosure and ?arring 'ervice 3D?'5 certificate- @aintenance of a relevant First 7id 1ualification


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'chedule )(OB DESCRIPTION

Meet+n< t)e =)+7*en0 6)80+=,7 nee0 'upervise the children


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Cnderta#e ad;hoc errands

Pe*0/n,7 ,n P*/-e00+/n,7 Dee7/65ent /nsure First 7id 1ualification is up to date

eep professional 1ualifications, mem!ershipsGregistrations 3ftsed5 and chec#s 3D?'5 up

to date or renew as re1uested To remain up;to;date with childcare research and development, and educational !est

practices2o To underta#e ) monthly appraisals with parents

o To ta#e an active part in personal professional development2

7ttend wor#shops where availa!le and appropriate

Cnderta#e childcare training where appropriate

>ead up;to;date child development literature

nanny employment contract template

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