NMW & the working time directive
It is a criminal offence for an employer to pay below the NMW, currently carrying a fine of up to £5,000. Nannies are however exempt from the measures concerning working hours.It is a criminal offence for an employer to pay below the NMW (except for exemptions - see below), currently carrying a fine of up to £5,000. The National Minimum Wage (NMW) normally increases every year in October, please check our rates page for the most up-to-date NMW rates.
Only nannies who live as part of the family are exempt from the NMW.An employee who lives as part of the family household, is treated as a member of the family, and is not provided with separate accommodation is excluded from the NMW. For employers who provide separate accommodation for their employees there is an allowance per 7-day week, which can be offset against the NMW hourly rate.
Employees may need to check that their employers are paying them (at least) the current NMW rate. Because many domestic employee’s wages are agreed on a net basis, this amount will have to be converted into its gross weekly equivalent and then divided by the number of hours worked in a week in order to establish whether it falls above or below the NMW.
All employers are already required by law to give their employee regular payslips, which should show the gross wage and the tax and NI deducted to arrive at their net pay. Where friendly or informal communication between employer and employee has broken down, an employer must give their employee access to their PAYE records within 14 days of receiving a written request.
The working time directive
Domestic employees, including nannies, are exempt from the measures concerning working hours but are entitled to a 20 minute rest break for every six hours worked.