Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Bringing a nanny into your home is one of the more personal hiring decisions a family can make. You are inviting someone into your private space, trusting them with your children, and taking on responsibilities as an employer at the same time.
A written agreement sets the foundation for that relationship. It records what you have agreed on pay, hours, duties and conduct, and gives both sides something to refer back to when questions come up. This guide walks through what a nanny contract in England and Wales typically covers, the employment law obligations you take on as a household employer, and the practical issues that tend to cause friction if they are not pinned down early.
Whether you are hiring your first nanny or renewing an existing arrangement, the aim is the same: a clear, fair working relationship that protects everyone involved.
What this document is
A nanny contract is a written employment agreement between a parent or guardian (the employer) and a nanny (the employee) who provides childcare in the family's home. Because the nanny works under your direction, in your home, for set hours and set pay, the arrangement almost always creates an employer-employee relationship under UK law rather than a self-employed one.
That has real consequences: you become responsible for operating PAYE, deducting income tax and National Insurance, paying employer National Insurance, providing a workplace pension where eligibility is met, and giving statutory holiday, sick pay and family leave rights. By law, you must give your nanny a written statement of the main terms of employment on or before their first day of work.
A well drafted nanny contract does that job and goes further, covering the practical realities of caring for children in a family home. It records duties, schedule, confidentiality, use of the family car, driving the children, sickness cover, notice periods and how disputes are handled, so both sides know where they stand from day one.
How to use this document
Work out whether you are the employer. In almost every household nanny arrangement, the family is the employer and the nanny is an employee. Self-employed status is rare and needs to be genuinely justified by HMRC's tests. Getting this wrong exposes you to back tax, penalties and unpaid employment rights, so check the position before you offer the role.
Register with HMRC and set up payroll. Once you agree to hire, register as an employer with HMRC and arrange PAYE, either yourself or through a specialist nanny payroll provider. You will need to deduct income tax and National Insurance from your nanny's gross pay, pay employer National Insurance, and issue payslips. Agreeing salary in gross terms, not net, avoids nasty surprises later.
Draft the written terms of employment. Put the full agreement in writing before the first day. Cover the parties, job title, start date, place of work, hours, salary, overtime rate, holiday entitlement, sick pay, pension, notice periods, confidentiality and grounds for dismissal. Be specific about duties: cooking for the children, school runs, laundry, tidying play areas, and anything else you expect.
Address the household-specific issues. Nanny contracts live or die on the practical detail. Spell out use of the family car and who pays for fuel, whether the nanny drives the children, rules on phones and social media, smoking and alcohol, having friends or family in the house, food provided during working hours, and any overnight or travel expectations. Clarity here prevents most of the arguments that arise later.
Sign, store and review. Both parties should sign and date the contract, and each keep a copy. Keep a secure record alongside right to work checks, DBS documentation and any qualifications you have seen. Review the contract at least once a year or when circumstances change, such as a new baby, a house move, or a shift in working hours, and issue a written variation when needed.
Q Is a nanny always my employee, or can they be self-employed?
In the vast majority of cases a nanny is your employee, because you decide their hours, direct their work and they care for your children in your home. HMRC rarely accepts nannies as self-employed, and treating one as self-employed when they are not leaves you liable for unpaid tax, National Insurance and employment rights. If in doubt, check HMRC guidance or speak to a payroll specialist before agreeing terms.
Q Do I legally have to give my nanny a written contract?
Yes. Since April 2020, every employee and worker in the UK is entitled to a written statement of the main terms of their employment on or before their first day of work. A nanny is no exception. The statement must cover pay, hours, holiday, place of work, notice and other key terms. A proper nanny contract satisfies this requirement and adds the detail that general employment templates tend to miss.
Q Should I agree salary in gross or net terms?
Gross is strongly recommended. If you agree a net figure, you take on the risk of any changes to tax codes, student loan deductions, National Insurance thresholds or the nanny's personal tax position, which can make your real cost rise unpredictably. A gross salary means you both know the headline figure, and deductions are applied in the normal way. Nanny payroll providers can help you convert between the two.
Q What holiday and sick pay is a nanny entitled to?
A full time nanny working a standard five day week is entitled to at least 5.6 weeks of paid holiday a year, which works out at 28 days and can include bank holidays. Part time nannies get a pro rata amount. Nannies who meet the earnings threshold also qualify for Statutory Sick Pay, Statutory Maternity Pay and other family-related statutory payments. Check gov.uk for current rates and qualifying conditions.
Q Do I need to auto-enrol my nanny into a workplace pension?
Possibly. If your nanny is aged between 22 and State Pension age and earns above the auto-enrolment earnings trigger, you are legally required to enrol them into a qualifying workplace pension and contribute on their behalf. The Pensions Regulator treats household employers the same as any other employer. Nanny payroll providers typically handle the assessment, enrolment and contributions as part of their service.
Q What notice period should the contract set?
Notice periods are a matter of agreement, but statutory minimums apply. After one month of service, an employee must give at least one week's notice, and you must give at least one week per full year worked, up to twelve weeks. Many nanny contracts set four weeks each way once probation is passed, which gives both sides a realistic window to plan. During probation, shorter notice, such as one week, is common.
Q Can I end the contract if things are not working out?
Yes, but how you do it matters. During a probation period, you can usually end the arrangement on short notice as set out in the contract. Once the nanny has been with you longer, and particularly after two years of service, they gain protection against unfair dismissal and you will need a fair reason and a fair process. Taking a moment to get guidance before terminating can save real difficulty later.
Employing a nanny turns you into a household employer with real tax and legal duties, and the contract sits at the heart of that. An experienced legal adviser can help you think through what to include based on what you describe about your family's arrangement.
✓Plain-English answers to your specific questions about nanny contracts
✓A clear sense of what terms matter most for what you describe
✓Practical perspective on employer duties, pay, holiday and notice
✓Guidance tailored to what you describe about your situation
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.