Permanent and temporary nanny terms and conditions
Please note: Berkshire Nannies are not an employer; they are strictly an introductory service. Their role is to match clients with the most suitable candidate for the position.
A permanent arrangement is anything from 3 months. For anything less than this, please see Temporary Nanny Terms of Business.
Fees
‣ For a permanent arrangement, 4 weeks gross salary is payable to Berkshire Nannies once position is offered and accepted.
‣ Invoice for a permanent position is sent once position is offered and accepted. Berkshire Nannies will also send an Official Job Offer, Offer Letter and Contract which will all need signing and returning.
‣ Before entering into an arrangement/offering applicant the job, you may request that a particular applicant shall work for one or more days to enable you and the applicant to assess your mutual suitability. There is no contractual obligation on either you or the applicant to undertake an arrangement or to continue it. The nanny must be paid their hourly rate for every hour they work. For this service, Berkshire Nannies charge £25 per day or £90 per week. This is payable before the ‘trial period’ commences.
‣ Payment should be made by direct transfer into Berkshire Nannies’ bank account. Our bank details are clearly set out on the Invoice.
Late Payment Fee
‣ The invoice is payable within seven days. For every week you are late paying this invoice, you will be charged an extra £100.
Advertising for the role
‣ Berkshire Nannies cannot begin to advertise your position until these Terms and Conditions have been accepted and Parent Registration Form has been completed, signed and returned.
‣ Berkshire Nannies will advertise for the position on all their Social Media sites and on their website. They will also contact all nannies they have on their database.
‣ Berkshire Nannies will not disclose any confidential information about your family in the advert for the job. The advert will include location, days, hours, number of children, ages of children, start date, duties and salary.
Obligations of Berkshire Nannies
‣ We agree to make checks that the applicant is suitable for the role. We actively encourage all applicants to renew their DBS (Disclosure and Barring Service) certificate and First Aid certificate every three years. However, the obligation for any other security checks on an applicant rests exclusively with you.
‣ If you require that a new DBS check or Ofsted Registration be carried out on the successful applicant, we will instruct the applicant to obtain these. You shall be responsible for paying any costs related to these.
‣ We agree to check that the applicant has the necessary training, qualifications, experience and authorisations to do the work, offering copies of relevant documents to you, if requested.
‣ We agree to send CV’s of those applicants we think may be a good match for your family and arrange interviews with all nannies you wish to meet, including second interviews depending on your availability.
‣ We agree to obtain two references from each applicant that can be given to you on request.
‣ Berkshire Nannies will supply you with a sample ‘Contract of Employment’ when a job is offered and accepted. It is intended only to be a guide and not as a definite contract. Berkshire Nannies accepts no liability for any loss that may arise, directly or indirectly as a result of using this template as an employment contract. For a bespoke employment contract particular to your family and circumstances, for example in the event of a live-in nanny or a nanny that is expected to travel overseas, please contact the Association of Nanny Agencies (ANA). Should you have any legal queries regarding this contract, please do contact the ANA Legal Helpline on 020 3150 0362.
Your responsibilities
You agree to satisfy yourself as to the suitability of an applicant generally and in particular to:
‣ Take up references, including the confirmation of any professional, academic or other qualifications
‣ Ensure that the applicant is capable of operating any equipment and/or machinery to the necessary level, including driving vehicles
‣ Obtain any visa or permit necessary to enable the applicant to accept the engagement ‣ obtain any necessary medical certificate
‣ Not discriminate against any applicant on the basis of information relating to their racial or ethnic origin, political beliefs, philosophical or religious beliefs, membership of a trade union, sex life or gender
‣ Inform Berkshire Nannies immediately if you engage with an applicant, giving details of: gross annual salary, start date and end date and whether the engagement is permanent or temporary
‣ Notify Berkshire Nannies immediately if you want to offer applicant the position
‣ For a live in position, provide suitable accommodation to the applicant, including without exception, a bedroom for exclusive use
‣ Comply with UK employment and tax law, including, among others: provision of a contract of employment, pay slips, correct deductions for Income Tax and National Insurance, as well as any pension contributions
‣ Inform Berkshire Nannies immediately, in writing, in the event of serious dissatisfaction with performance or conduct of the applicant
‣ Not communicate with the applicant outside of interviews. All communication must be through Berkshire Nannies until job is offered, accepted and invoice has been paid. If we find you have been communicating privately, you and the applicant will be removed from our database.
Cancellation/refunds
‣ You can instruct us at any time to stop looking for applicants for the role. There will be no fee payable until job has been offered and accepted.
‣ If the applicant employed under a permanent engagement leaves within the first week of employment, we will refund you 75% of the cost payable
‣ If the applicant employed under a permanent engagement leaves within the second week of employment, we will refund you 60% of the cost payable
‣ If the applicant employed under a permanent arrangement leaves within the third week of employment, we will refund you 50% of the cost payable
‣ If the applicant employed under a permanent arrangement leaves within the fourth week of employment, we will refund you 25% of the cost payable
‣ There shall be no reimbursement or credit if Berkshire Nannies decides in its absolute discretion that you have failed to comply with any of the terms of this agreement.
‣ If you terminate once the invoice has been raised but before the applicant starts work, 25% will be refunded to you.
Safety and Insurance
You confirm that you:
‣ Hold and will maintain appropriate insurances and in particular, occupier’s liability insurance, against risks of events which could reasonably be expected to cause injury, loss or damage to the applicant;
‣ Will provide a safe place of work wherever the applicant may need to work;
‣ Will ensure that the place of work is clean and hygienic and complies with appropriate healthy and safety laws;
‣ Have made arrangements with relevant third parties, statutory authorities and any other relevant authority, for permissions, licences and the like, for the work to be undertaken after engagement.
Replacement Applicant
These provisions apply in the event that a permanent engagement is terminated, whether by you or the applicant, before completion of four weeks. Berkshire Nannies do not provide a replacement applicant unless you fulfil the following conditions: ‣ you have informed the agency, in writing, within three days of the termination;
‣ You have paid the Fee in accordance with these terms;
‣ The requirements of the position according to the information provided to Berkshire Nannies have not changed, including the working conditions, the job description and the location;
‣ You are not in breach of any UK employment law and/or contract with the applicant;
‣ You do not retain the services of that applicant;
‣ You are looking for a new applicant and have given a period of four weeks to Berkshire Nannies to find a replacement applicant;
‣ You have not contacted any other nanny agency, candidate finder website, source, or such other place to find a new applicant.
If Berkshire Nannies agree that you have fulfilled the conditions set out in last previous sub paragraph, then they shall provide a replacement applicant in following terms:
‣ Berkshire Nannies will run its search for up to three months after you have notified us of termination;
‣ We shall provide you with up to two profiles from which you may select;
‣ After engagement of one of the replacement applicants, Berkshire Nannies shall have no further obligation to you;
‣ If Berkshire Nannies fails to find a suitable applicant or is for any other reason unable to provide a replacement applicant, they may in its sole discretion refund 25% of its fee.
Disclaimers and limitation of liability
‣ In providing the services, Berkshire Nannies is committed to maintain a high level of service and efficiency. However, the service is dependent upon the accuracy of information provided by you which is beyond the control of Berkshire Nannies. Therefore, any decision as to the suitability of an applicant and the decision to engage an applicant is sole discretion of you. Berkshire Nannies does not accept responsibility and cannot be held liable for any loss.
‣ Berkshire Nannies shall not be liable to you for loss arising from or in connection with representation agreements, statements or undertakings made prior to the date of this agreement.
‣ Berkshire Nannies shall not be liable to you for any loss or expense which is:
• Indirect or consequential loss or;
• Economic loss or other loss of turnover, profits, business or good will or;
• Loss or damage suffered by you as a result of an action brought by third party;
• Loss or damage caused during the engagement of the applicant or any act, omission or negligence of such applicant. Berkshire Nannies does not exclude or restrict liability for death or personal injury resulting from its negligence
• Particulars of applicants, their profiles and other information provided by Berkshire Nannies are prepared in good faith and solely for the Client’s guidance.
• Berkshire Nannies offers a draft ‘Employment Contract’ as a guide only and you are advised to seek independent legal advice. Berkshire Nannies are not responsible for the Contract or any terms of service between you and the applicant.
• Except in the case of fraud, or the death or personal injury of some person, the maximum limit of the liability of Berkshire Nannies to you, whether in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the sum of £1,000.