Nanny Contract Template for England and Wales
Generate a bespoke document
What is a Nanny Contract?
A nanny contract sets out the employment terms for a childcarer engaged directly by a family to work in their home in England and Wales. As direct employers, families must operate PAYE, comply with National Minimum Wage obligations, provide statutory holiday and pension rights, and issue written employment particulars within two months. The contract should cover duties, confidentiality, and social media use relating to the family and children.
Frequently Asked Questions
Is a nanny an employee in England and Wales?
Yes. A nanny engaged directly by a family to work in their home on regular hours is an employee under English law, not a self-employed contractor. This means the family must operate PAYE, pay employer's National Insurance contributions, provide a written employment contract within two months of starting, and comply with all statutory employment rights. HMRC takes a firm view on nanny employment status.
What should a nanny contract include under English law?
The contract must include job title, start date, working hours, place of work, salary, holiday entitlement (minimum 28 days including bank holidays for full-time nannies), sick pay arrangements, notice periods, pension enrolment details, and any trial period. It should also cover duties, care of children, household tasks expected, confidentiality, and rules around social media use relating to the family.
What is the minimum hourly wage for a nanny in England?
As of April 2025, the National Living Wage for workers aged 21 and over is 12.21 pounds per hour. For nannies aged 18 to 20, the National Minimum Wage rate of 10.00 pounds per hour applies. These rates are reviewed annually by the Low Pay Commission. Families must ensure gross pay meets or exceeds these rates regardless of any other benefits provided.
Must a family automatically enrol a nanny into a workplace pension?
Yes, if the nanny is aged between 22 and state pension age and earns more than 10,000 pounds per year. The family, as the employer, must enrol the nanny into a qualifying pension scheme, pay at least 3 per cent employer contributions, and complete the auto-enrolment process through a provider such as NEST. Failure to comply is an offence enforced by The Pensions Regulator.
How much holiday is a full-time nanny entitled to in England?
Under the Working Time Regulations 1998, a full-time nanny is entitled to 5.6 weeks' paid annual leave per year, which is 28 days for a five-day week. This includes bank holidays unless the contract gives additional leave on top. Part-time nannies receive a pro-rata entitlement. Holiday pay is calculated at the nanny's average weekly earnings over the preceding 52-week reference period.
What notice period applies when ending a nanny's employment?
The Employment Rights Act 1996 requires a minimum of one week's statutory notice for each complete year of service, up to a maximum of twelve weeks. During the first year of employment, the statutory minimum notice from the employer is one week. The contract may provide for a longer contractual notice period. During a probationary period, a shorter period may be agreed but cannot fall below one week if the nanny has been employed for more than one month.
Can a nanny contract include a confidentiality clause?
Yes. A confidentiality clause in a nanny contract is lawful and enforceable under English law, protecting private family information, children's details, household routines, and financial matters. However, the clause cannot prevent the nanny from making a protected disclosure (whistleblowing) to authorities about child welfare concerns under the Employment Rights Act 1996 or from reporting safeguarding issues to children's services.
Does a live-in nanny have different rights from a live-out nanny?
A live-in nanny has the same statutory employment rights as a live-out nanny. The family may offset a reasonable amount for accommodation against the national minimum wage subject to the accommodation offset rate set by the Low Pay Commission (currently 9.99 pounds per day). Rest periods, working time limits, and annual leave entitlements apply equally. The contract should clearly set out which hours are working time and which are off-duty.
About the Nanny Contract
A Nanny Contract is a legally binding employment agreement that formalizes the relationship between families and professional childcare providers in the United States. This document serves as your roadmap for establishing clear expectations, ensuring legal compliance, and protecting both your family and your nanny's rights under federal and state employment laws.
When do you need this document?
You need a Nanny Contract whenever you hire someone to provide regular childcare services in your home, whether full-time or part-time. This includes situations where you employ a live-in nanny, a daily caregiver who works set hours, or even a part-time babysitter with regular weekly schedules. The contract becomes essential if you pay more than $2,400 per year to a single household employee, as this triggers federal tax obligations. You'll also need this agreement when hiring foreign nationals requiring work authorization, as it demonstrates legitimate employment for immigration purposes.
Key legal considerations
Your Nanny Contract must address several critical legal areas to ensure full compliance. Compensation clauses should clearly outline hourly wages or salary, overtime calculations under the Fair Labor Standards Act, and payment schedules. Include specific provisions for benefits such as paid vacation, sick leave, and holidays, as these vary significantly by state. The agreement should detail work duties, emergency procedures, and disciplinary policies while respecting your nanny's rights as an employee. Termination clauses must specify notice requirements and final payment procedures. Don't forget to address confidentiality expectations, use of family vehicles, and house rules that affect the working relationship.
Legal requirements in United States
United States law imposes specific obligations on families who employ nannies as household workers. Under the Fair Labor Standards Act, you must pay at least federal minimum wage and overtime rates for hours exceeding 40 per week, unless your nanny lives in your home. The Immigration Reform and Control Act requires you to verify your nanny's eligibility to work through Form I-9 documentation. As a household employer, you're responsible for withholding and paying Social Security, Medicare, and unemployment taxes, plus filing Schedule H with your annual tax return. Many states have additional requirements including workers' compensation coverage, paid sick leave mandates, and specific overtime rules that may be more generous than federal standards. State labor departments often require posting of worker rights notices and maintaining detailed payroll records.
GOVERNING LAW
Applicable law
This Nanny Contract is drafted to comply with England and Wales law. Key legislation includes:
Explore 208,390+ legal templates
Explore 208,390+ legal templates
Genie's Security Promise
Genie is the safest place to draft. Here's how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie's AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it