Do you HAVE to to pay an assistant?

Hi all,

Ok I have two assistants, one is my husband and the other is my sister and they job share hours (due to hubby working shifts). Both are registered and have key children, take part in planning and implementing the eyfs. Hubby doesn't want paying for the work as effectively my money is his anyway and he earns a full time wage so just said for me to have all the profit, kind I know! My sister is in a different position regarding being paid whilst she is doing a private online level 3 course. I agreed with her that when she's qualified I will offer her paid hours. We decided this as a family as an incentive for her to finish the course. She's suffered from mental issues from the age of 14 which didn't impair on her qualifications as she was home tutored in the end but it has effected her confidence. Therefore she's never been able to complete a course and having a 'paid' job appeals to her but like I say we want to make it a reward so she actually finishes a course this time! My question is the title, do I have to pay them by law? The only downside I can see is if I don't pay them then I will pay more tax than if I was to pay them as it would obviously be an expenditure...? I'm stuck as I obviously don't want to get into trouble but surely you can't force someone to be paid?
Thanks in advance to anyone who can help :)
X

You can definitely have voluntary assistants and it probably works out a lot easier for you. If you were to employ them you would have to pay minimum wage and sort out any tax & national insurance payments.
You'd struggle to argue that they were self-employed as they're not going to be available to work at other childcare settings, so you would have to become the employer.
If they're happy to do it for free, go for it :thumbsup:

Hi,
Thanks for replying :)

When registering they have filled in the standard ey2 and did the enhanced Dbs etc. Do I need to ring ofsted and transfer them to voluntary? Would they be able to be included in the staff:child ratios? And carry on being key workers, writing reports and such? I do have a 'staff' section on my register but that is also part of my fire policy. Would they gave to sign in the visitors book?

A lot of questions but I hope you can help!!

Quote:

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Originally Posted by **Orchard CM**

Hi,
Thanks for replying :)

When registering they have filled in the standard ey2 and did the enhanced Dbs etc. Do I need to ring ofsted and transfer them to voluntary? Would they be able to be included in the staff:child ratios? And carry on being key workers, writing reports and such? I do have a 'staff' section on my register but that is also part of my fire policy. Would they gave to sign in the visitors book?

A lot of questions but I hope you can help!!

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My husband is registered as my assistant. He has never been paid. You can have an assistant unpaid, or paid or anything you like, the financial side is nothing to do with Ofsted at all. Ofsted do not recognise 'voluntary' or 'paid' assitants- they are all just assistants.

I do not sign him in or out or anything but then I do not use him for having extra children. If I was having more children with an assistant I would be recording when assistent is 'on duty' to prove I am within ratios.

Bump for more replies :)

I agree with the others , an assistant can be unpaid. in fact I have a student who is doing her placement with me , Ofsted insist she must register as an assistant but she will not be getting paid.

Thanks mama,

Is she included in ratios? Also do you sign her in?

Thanks

Ok this is just to update the thread in case anyone looks at it in the future. I've spoken to ofsted and you do NOT have to pay an assistant but they will need to be fully checked and have the suitability letter issued by ofsted. Then they can be included in the ratios and paperwork etc.