contract etc for registered assistant?

[loocyloo]

hello!

my prospective assistant has had a letter to say her crb is approved ... so i'm hoping that means i should soon get the ok from ofsted to employ her!

i have already written to ofsted asking for my assortment of variations , some of which i need an assistant for. (i have also asked for a couple of 4 under 5 variations, where my DD is at nursery, but also said, i didn't want to have to emply my assistant for those hours!) the helpful lady i spoke to at ofsted said to apply and they could be granted before assistant was in place, just not 'active' until i had assistant!

i know i need to see her crb, do i need a copy? i think would like one, to show parents (well, i know i have one parent who will insist on seeing it! she all but wanted to see my birth certificate!)

anything else? do i need to let my public liability insurer know?

i know she has to do a peadiatric first aid, and i am attempting to sort that, but first aid courses are in short supply in my area!

apart from name, address etc, and hours worked/£ paid. what else do i need to put on her contract. i shall ask her to read, inwardly digest and sign to agree to use/adhere to my policies etc. is there a specific contract i could/should use?

thank you in advance! (never employed anyone before!)

loocyloo xxx

[cheeky monkeys]

hello!

my prospective assistant has had a letter to say her crb is approved ... so i'm hoping that means i should soon get the ok from ofsted to employ her!

i have already written to ofsted asking for my assortment of variations , some of which i need an assistant for. (i have also asked for a couple of 4 under 5 variations, where my DD is at nursery, but also said, i didn't want to have to emply my assistant for those hours!) the helpful lady i spoke to at ofsted said to apply and they could be granted before assistant was in place, just not 'active' until i had assistant!

i know i need to see her crb, do i need a copy? i think would like one, to show parents (well, i know i have one parent who will insist on seeing it! she all but wanted to see my birth certificate!)

anything else? do i need to let my public liability insurer know?

i know she has to do a peadiatric first aid, and i am attempting to sort that, but first aid courses are in short supply in my area!

apart from name, address etc, and hours worked/£ paid. what else do i need to put on her contract. i shall ask her to read, inwardly digest and sign to agree to use/adhere to my policies etc. is there a specific contract i could/should use?

thank you in advance! (never employed anyone before!)

loocyloo xxx

Hi Loocyloo

Please don't be frightened by all the information I'm about to give you about employing someone, I've empoyed people for 13 years and seen a lot of changes.

Firstly you have to set up the contract to as you so rightly said hours, rate of pay, but also holiday pay, sickness pay, amount of paid holiday, grievance procedure, job discription, pension scheme, termination of contract, Disciplinary procedure.

There is help with this I think it's called Business Link. I found it through the job center website. Once you register you just put in the information that they ask for and they write a standard Written Statement of Employment, Hence your contract.
If you have problems finding the website I'll hunt the net for youand try and find it.

CRB you need to see her crb check and make a note of the number. It is her crb and you don't have the right to hold it on file, just her number as proof that you have seen it. (I got my hand slapped for that from Ofsted)

The proof for any parents is the letter of confirmation from Ofsted that she is suitable to work with chidren.

You will need to have employers liability insurance, just paid mine to NCMA, I think it was an extra £5 on top of membership and public liability insurance.

You will also have to have written consent from all the parents that at times your assistant can be left in sole charge of your under 5's. You may not leave her in sole charge of over 5's.

Lastly, the Tax office. you will have to register as an employer. They have a really user friendly disc that helps you work out what tax and national insurance you have to take off her, don't forget that there is also employer contributions to national insurance, but the disc tells you what that is and at the end of every 4 or 5 weeks you click on a button and it tells you how much you owe the tax office.
As a small business this can be paid quarterly, but it adds up. easier to pay it monthly.

Can't remember if it's this year or next, but all employers will have to submit thier employers tax returns on line. It's really easy, I've been doing it since it became available.

At the end of the day tax wise the tax office will only be to glad to help you with sorting out wages if you get in a pickle. They would rather you get it right than have to be on your back because it's wrong.

You should take up 2 referances as well.

Can't think of anything else at the moment. Hope this helps. It probably sounds a lot, but it's really easy to set up.

[loocyloo]

thank you so much!

as my assistant will only be working 2 1/2 hrs, 3 hrs maximum a week, do i need to talk to tax office or pay NI? what about if she was self employed?

i sorted out employers liability insurance yesterday with NCMA.

if you could find a link for the contract, that would be great, i've tried, but not found it yet!

thanks for letting me know i can't hold a copy of her CRB, just the number! (although, i shall ask her to have it with her when she meets the 'parents' as i know one mum will HAVE to see it with her own eyes!)

i have 2 references, and apart from our own children ( she has 2, plus my youngest, she will stay with them, whilst i take the rest on the school run !!! ) she won't be left unattended with any under 5 (or over) minded children.

why can't ofsted let you know all this? !!!

thanks again xxx

[cheeky monkeys]

thank you so much!

as my assistant will only be working 2 1/2 hrs, 3 hrs maximum a week, do i need to talk to tax office or pay NI? what about if she was self employed?

i sorted out employers liability insurance yesterday with NCMA.

if you could find a link for the contract, that would be great, i've tried, but not found it yet!

thanks for letting me know i can't hold a copy of her CRB, just the number! (although, i shall ask her to have it with her when she meets the 'parents' as i know one mum will HAVE to see it with her own eyes!)

i have 2 references, and apart from our own children ( she has 2, plus my youngest, she will stay with them, whilst i take the rest on the school run !!! ) she won't be left unattended with any under 5 (or over) minded children.

why can't ofsted let you know all this? !!!

thanks again xxx

Hi Loocyloo

firstly found the website....Not had to use it for 18 months!!... www.businesslink.gov.uk then click on employing people and under tools you will find create a written statement of employment. But look around the site there is loads of info.

I don't know about self employed I have always employed. In this day and age, all the rules are for the employee not the employer. 5 may be 6 years ago it took me 4 months to let an employee go and that was with the help of the NCMA legal team, as you can not sack anyone. But the experence has not stopped me from employing assistants, just made me realise you need a good back up system if they go sick ect.

Like I said don't know anything about self employed assistants.....Can anyone else help.????

CRB check, the mum's do not have a right to see that!! 99.9% sure of that. The fact that Ofsted have seen it, you have seen it and made a note of the number for Ofsted purposes only. You will get a letter approving your assistant to work with children from Ofsted. You as your assistants employer is the only person who has to see her CRB check.

Putting her through the books, Tax and N.I wise, will stop any benefit fraud. Not that she will pay any tax or N.I for the amount of hours that she works for you, providing she doesn't have any other jobs.

All I can think of, if she is self employed and you put her through your books and she doesn't declare her income, I don't know who would be liable if it was ever found out?? Any one help on this??

Think I've answered all your questions to the best of my abilities, been a long day and sorry about any spelling, Haven't found how to use spell check yet, Maybe next time!!

I wish you luck, employing the right assistant can be great fun, the possibility of expanding your numbers and making a really good business doing something that you really love.....Playing with children. X

[loocyloo]

thank you cheeky monkeys!

i have already said to her that any contract will be from march 09-end of summer term 09, with the possibility of it also being september 09-april 10! and that i would confirm the 2nd stint by the end of the summer term! she seems happy with this! but i will also put that the contract can be ended if circumstances change, and i no longer require an assistant. we've talked about this, and she is happy to do it, in fact, was surprised and pleased i even offered to pay her !!!! ( she is a neighbour! and is often at my house afterschool anyway !!! LOL )

i would assume that if she is self employed, then its up to her what she does/whom she tells etc.

does anyone know for sure? xxx

[Chatterbox Childcare]

Why don't you have an assistant that is self employed and then you can pay her as she invoices you and the paperwork and tax is her responsibility?

I spoke to IR and they were not interested in me registering as an employer unless the assisant earnt more than £83.00 per week (last tax year) as this is the allowable amount.

if you speak to the IR help line they will send you a pack on becoming an employer and it is all in there

[jacky]

i think you might be able to get help with assistant contracts from the ncma

[Pauline]

It would be far easier for you if your assistant was self-employed, they do their own NI and tax return etc. We got lots of advice from the tax office, just give them a ring for help.

If you do ever leave the assistant in sole charge you must also keep a log of the times/dates and names of the children who you and the assistant were in sole care of. We simply keep a diary and write each time/name of child/who was in sole care, down on the relevant date.

:)

[cheeky monkeys]

It would be far easier for you if your assistant was self-employed, they do their own NI and tax return etc. We got lots of advice from the tax office, just give them a ring for help.

If you do ever leave the assistant in sole charge you must also keep a log of the times/dates and names of the children who you and the assistant were in sole care of. We simply keep a diary and write each time/name of child/who was in sole care, down on the relevant date.

:)

If the assistant was self employed, would they have to give you notice. As a childminder to parents notice must be given, but if a self emlpoyed assistant went AWOL what happens??

[Pauline]

If the assistant was self employed, would they have to give you notice. As a childminder to parents notice must be given, but if a self emlpoyed assistant went AWOL what happens??

True but that could even happen with an employed one I suppose, there is nothing to stop them walking out and it would be difficult to take them to court for breach of contract.

Perhaps there is some way you could pay the assistant at the end of the month so that they were working 'in hand' and therefore couldn't just walk out?

Not easy employing someone who is not a relative.

[loocyloo]

grrr, the more you think about it, the more complicated it gets!

i have had a chat with my assistant to be, she is happy to be self employed, and will invoice me for hours worked each month!

luckily she is a neighbour and we get on really well, plus its only for one afterschool a week, termtime only, so it should work! fingers crossed! if not, i'll have my mum as back up!

xxx

[FizzysFriends]

Personally I would as her to work a week then invoice you at the end of the week for the hours worked. (or month is she can afford to work a month in hand).

As for you being worried about her going AWOL, you can do a sub contractors agreement to cover both sides this will make her less likely to go AWOL and you will both know where you stand, you could ask her for a weeks notice of leaving and you would give her the same. It wouldn't stand up in court but its very unlikely you would need it to. Also notice if she wants to take time off etc.

If you chose to employ her don't forget to tell your house insurance as this will need to be noted on your policy (and some will charge extra).

[tulikraska]

i think you might be able to get help with assistant contracts from the ncma

You are right Jacky, I emailed them and they answered:

Unfortunately we do not sell the type of contracts you are looking for but if you contact our Legal Team they will be able to help and their telephone number is 02921 156458.
Regards
Customer Service Advisor
NCMA (National Childminding Association)

so they are willing to help :clapping:

[tulikraska]

And a big thank you to cheeky monkeys for providing all the info :clapping:
was VERY helpful, I also didn't know I shouldn't keep a copy of my assistants CRBs:panic::panic:

THANKS!!!!!!:clapping::laughing::jump for joy: