If you employ staff in your early years setting, it is important to keep yourself updated with changes to legislation.

There are a number of statutory changes coming into effect from April 2024 including –

**Statutory flexible working – flexible working will be available to staff from day 1 from 6th April. More information linked to the Employment Rights (Flexible Working) Act 2023 is on the ACAS website –
https://www.acas.org.uk/flexible-workinghttps://www.acas.org.uk/flexible-working

**National minimum wage and national living wage will both be increasing. The national living wage will be payable from age 21 (not age 23) from 1st April and will be £11.44 (an increase from £10.42). More information here –
https://www.gov.uk/national-minimum-wage-rates

**There will be changes to redundancy protection for employees on maternity, adoption and shared parental leave from 6th April as detailed in the Protection from Redundancy (Pregnancy and Family Leave) Act 2023. More information here – https://www.employmentlawwatch.com/2024/02/articles/employment-uk/uk-redundancy-protection-significant-changes-from-april-2024/

**Paternity leave rights will change from 6th April. It will be available to take in 2 blocks of 1 week instead of 2 consecutive weeks and the notice periods will be shortened to provide flexibility. More information in the Gov.uk link below.

**Carers leave rights will change from 6th April as stated in the Carers Leave Act 2023 – carers leave will be a right from day 1 of a staff members' employment and will include up to 1 week unpaid leave. More information here –
https://www.mha.co.uk/insights/upcoming-changes-to-carers-leave-regulations

**There will be cuts to employee national insurance from 6th April which should save your staff money each month. More information here –
https://www.gov.uk/government/publications/employer-bulletin-december-2023

Notes:

**If you use a payroll company you should speak to them to ensure they are ready to make the changes to the minimum wage and national insurance payments. If you do your own staff wages, you will need to check staff ages and reflect the increases in their April pay. 

**If you have a staff handbook, you will need to update wording in relation to, for example, paternity and carers leave rights. 

Please note - this blog does not constitute NOT legal advice - please follow links, read the HMRC and ACAS website information, speak to your HR company (if you have one) and check information for yourself.

You can keep updated with all the changes on the Gov.uk employer bulletin. This is the latest February edition –
https://www.gov.uk/government/publications/employer-bulletin-february-2024/february-2024-issue-of-the-employer-bulletin  

I hope this helps. Sarah. 

​This information is taken from a very old blog (10.2019) and includes updated information 

A lot of childminders work with assistants and have asked for support in how manage staff files. This blog aims to answer many of the questions.
 
Safer recruitment procedures:
Ideally, you will have received safer recruitment training. 
.        Safer Recruitment Policy.
·        Person specification.
·        Job description.
·        Application form *highlight safeguarding.
·        Interview
Note: plan your interview questions carefully and consider the Equality Act 2010.
 
Ask your applicant to bring:
Ideally, there will be a colleague with you at the interview to support you.
·        Referee details x 2 – not references, you need to talk to them or email.
·        Confirmation of name – for example, birth certificate *photocopy.
·        Confirmation of address – for example, driving licence *photocopy.
·        Proof of right to work in the UK – for example, NI number *photocopy.
·        Employment history *check and photocopy.
·        Qualifications *check and photocopy.
·       Any other certificates they might have available for working with early years children – for example, Paediatric first aid, safeguarding etc *photocopy.
 
To comply with the EYFS assistants must be able to:
·        Communicate in English.
·        Understand written English.
·        Understand and use the EYFS.
·        Deploy so children’s needs are met.
Think about how you will check compliance during the interview process.
 
Ask your applicant to complete and sign:
·        Suitability check (safeguarding and health) – if you want them to work before the DBS comes back.

Note: with parents written permission, a childminding assistant can be left unsupervised with children for up to 2 hours a day. However, while your assistant can start working at this point, they must not be left unsupervised with children until you / they have completed the following steps…

Before your assistant starts:
·        Buy or add to your insurance *display the certificate.
·       If your assistant is going to take children in their or your car, they must have business class 1 insurance *keep a copy of the certificate in their file.
 
Before assistant is left unsupervised with children
·        Follow up the references *in writing where possible.
·        Complete a home-based Ofsted (Capita) enhanced DBS check.
·        Complete the Ofsted ‘new adults in the home’ form to inform Ofsted.
·        Receive a suitability letter from Ofsted *note that this can take months and you cannot increase ratios or leave staff unsupervised with children until it’s back and you have the Ofsted suitability letter.
·        Request written permission from parents for them to be on their own for up to 2 hours a day with children *note you cannot do this until they have a suitability letter.
·        Plan training *assistant to complete Paediatric first aid training and induction training including health and safety, safeguarding and emergency procedures.
·        Print / prepare an attendance register – staff must sign in and out every day.
Note: you can have more than 2 staff registered to work with you but if you have more than 2 staff plus yourself on the premises you must change your registration to childcare on domestic premises.
 
Staff file
You will find it helpful to put together a staff file for each staff member and to keep all their safer recruitment information together in the file. This might include as a minimum, for example:
·        Record of name and home address.
·        Emergency contact information.

• References and suitability checks.
• DBS issue number and date.
• Induction training.
• Ongoing suitability and medical disclosures.
• Staff register.
• Payroll details - not usually inspected by Ofsted but might be required if audited by HMRC.
• Paediatric first aid certificate.
• Ongoing training and professional development opportunities.
• Supervision meeting details etc.

Note: for childminder assistants, changes related to the DBS check including disqualification, disqualification by association or medical suitability must be reported to Ofsted.
 
Further documentation:
The following staff documentation is required:
·        Contract of employment.
·        Job description.
·        Attendance register *must show time in and out and any unsupervised time with children.
·        Staff handbook.
·        Regular ongoing training *focus on safeguarding.
·        Annual suitability check *ask if there are any changes.
 
Before payments are made:
·        Register with HMRC as an employer.
·        Ask for your assistant's bank details and NI number.
·        Register as a pension provider - for example, NEST.
 
Policies and procedures:
Policies / Procedures to support a childminder who works with assistants will include:
·        Information Sharing Policy *include information about confidentiality.
·        Suitability *disqualification / disqualification by association.
·        Disciplinary Policy *include procedures for dismissal.
·        Grievance Procedures.
·        Staff Behaviour Policy *to comply with Keeping children safe in education.
·        Updated Safeguarding Policy *include information about whistleblowing and mobile phone and camera.
·        Medication Policy *include information about what to do if your assistant is prescribed new medication and medication storage.
·        Staff Wellbeing Policy.
 
Other policies to share include safeguarding / child protection and complaints. Staff should sign to confirm they have read and understand the policies. 

Hi everyone, I have been asked to share information about how much staff cost in a typical childminding setting.

Disclaimer: this list is not exhaustive and all costs will vary depending on what you are doing and how much knowledge you already have of the safer recruitment process. However, I hope this provides a useful starting point...
 
There is no doubt that working with staff can be a positive experience, but you do need to think about the practicalities.
 
First of all, you must think about staff wages – how much can you afford to pay your staff member? For example, do you want to / can you afford to pay them the minimum wage or a higher rate?
 
The answer to this question usually starts with working out how many extra children you will need to take on in your childminding setting so you can pay your staff member. For example, if your staff member costs you the national living wage of £10.42 / hour (from April 2023) it’s not just £10.42 – it’s all the other costs as detailed below and might mean your income just to pay that staff member needs to be closer to £11 or even £12 an hour to make your staff member affordable.
 
What will happen if you cannot find the extra children straight away? You might think that you need a staff member to support 1 family who need an extra day ... but your staff member will cost you significantly more than the income brought in by 1 extra child.
 
This means that you will need to cost it out – to work out how many children you will need to care for so you can pay your staff members’ wage. Questions to ask yourself include:
**Will the children need to attend full-time or part-time?
**What happens if parents ask for a term-time only contract – will you need to advertise for and bring in extra holiday only children?
**What happens if the staff member only wants to work term time – will you be caring for extra children in the holidays so you can have a term-time only staff member?
 
Initial costs to budget
Initial expenses which you might need to pay if you have a staff member in a childminding setting include, for example –
**Cost of you attending / completing safer recruitment training.
**Your Local Authority might require to you apply for planning permission before you can take on an assistant and / or increase your ratios. There will be cost implications for the application and it might not be granted. Think about how you will pay your assistant if you cannot increase your ratios before or after the planning process has completed.
**Recruitment costs – if you have to pay a recruitment service or advertise the position.
**Any ‘reasonable adjustments’ you might need to make to your house and / or garden access to ensure you are inclusive and compliant with the Equality Act 2010.
**Contracts, policies and procedures and other documents for Ofsted and safer recruitment – these will take time to put together and update regularly.
**Printing costs - staff handbook, contract, policies etc. 
 
When you find your staff member
There are some initial set-up costs including, for example:
**DBS disclosure fee – and the update service for at least the first year – if the cost of the DBS takes the staff member’s wage to below minimum wage for their age.
**Paediatric first aid training course – must be updated every 3 years.
**Local Authority safeguarding training course – if available.
**Assistant insurance – Childcare.co.uk include it as standard for gold members who have opted into the insurance offer, but you might be charged extra by your insurance company.
 **If your assistant is doing a level 3 (or similar) early years course, you will need to pay training costs additional to any grant they might receive. They will also need to be provided with 20% off the job time which you pay them for at their normal wage – and during which time they accrue holiday pay.

Important note
The Ofsted letter to state an assistant is suitable to work with you can take some months to come through. During this time, your assistant can work fully supervised, but you cannot increase your ratios and you cannot leave them in sole care of children – think about how you will pay your assistant if you cannot increase your ratios while Ofsted process the application.
 
Ongoing staff costs
You will then need to consider, for example:
**Holiday pay – all staff are entitled to 5.6 weeks holiday pay a year.
**Uniform – if you expect your assistant to wear something specific – for example, a black t-shirt with logo and ‘smart’ trousers or shoes and buying the clothing will take them below minimum wage.
**Ongoing training and professional development – you must pay them for their time, as well as travel and any course fees, if you expect them to do professional development outside work hours.
**National insurance if your staff members earns more than £9,100 for the year at 13.8% (correct 02.2023).
**Sick pay depending on what is detailed in your contract.
**A contribution to their pension if they choose to save for their pension through NEST or similar – this is a contribution of a minimum of 3% of their qualifying earnings. They can choose to opt out but you must offer a pension to them if they are older than 22 years and earn over the current threshold of £10,000/year (2023).
**Meals / snacks – will you expect your staff member to bring their own food from home or will you provide them with food and drinks through the day? If you are providing food, you should cost it into your budget.
**PAYE payroll company – or online software – if you choose to use a paid service to support you with pay, tax, national insurance, pension, holiday pay etc rather than the HMRC free payroll tools. There is also end of year reporting which will take your time to complete.
**Will you need to buy your employee any equipment to do their job? For example, they might need to do record keeping for a college course or take notes if you send them on training. You should not assume they will provide these resources themselves.
**You might need to provide extra food, toys and games if you have to take on extra children.
**Consider maternity, paternity, adoption, shared parental and parental bereavement pay if your employee or partner is pregnant. To comply with the Equality Act 2010, you cannot ask about whether a potential employee is or intends to get pregnant.
**You might find that you need extra floor space to care for the extra children you need to take on to pay your assistant – where will that be? How will you arrange it?
**You will want to treat your staff member well – this might mean, for example, buying them gifts on their birthday and at significant times through the year such as Christmas and maybe taking them out for a meal or paying for other social functions.
**If you employ an apprentice or young person to be your assistant, you will have to pay them more as they move up the age ranges or when they have qualified. You should cost this increasing wage into your business planning.
 
Most importantly
Don’t forget perhaps the most important factor – your time. You will need to set aside your time to interview, train and support your assistant; documentation will take time to complete; you will have to learn how to do payroll and provide a payslip; there are other ongoing supervision and training requirements in the statutory framework and more. Your time is valuable and all these jobs will need to be done outside of normal working hours.  
 
You might find it helpful to consider whether you will be working harder – and your house subject to more wear and tear – and higher heating bills and food costs vs the benefits of taking on an assistant and growing your business.

I hope this helps as a starting point - your business  plan will further support the process. 

Best wishes, Sarah. 
 
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Picture (C) Google imageS | HMRC. 

Childminders, when you take on a staff member / an assistant, you need to follow Safer Recruitment Procedures.
 
This means, for example, that you ideally need to complete a safer recruitment training course, so you have up to date information about what procedures to follow.

**Useful links at the end of the blog (correct 23.2.2023)
 
It also means that you will need a Safer Recruitment Policy which you can use to help you make sure you follow all the steps needed to keep children in your setting safe.
 
Ofsted state, in the early years inspection handbook (point 99), that they will check recruitment records during inspection.

Records are usually kept together in the staff member's staff file which includes everything about their journey with your setting from their application form ... to notes about how they have answered your interview questions... to their job description, which details their roles and responsibilities.
 
Their staff file must also contain details about their DBS check, which must be applied for at the same time you inform Ofsted they are working for you, by using the ‘new adults in the home’ form.

Don't forget to update your insurance to add a staff member and put your cover certificate on your noticeboard to share information with parents. If they don't see your noticeboard, you might send them a copy. 
 
Induction training is detailed in the EYFS (requirement 3.22) and must cover, as a minimum, information about their roles and responsibilities, emergency evacuation procedures, safeguarding and child protection knowledge – for example, who to contact in the Local Authority if they have a concern about your practice; you will also need to cover health and safety training with them – for example, how to minimise hazards and what to do if a child has an accident.
 
The initial induction training you deliver in house will then extend to cover information about, for example, how to follow your curriculum based around the 7 areas of learning, Ofsted teaching expectations and how to support children to make progress from their starting points. You will add a copy of their completed and signed induction training list, along with training certificates, to their staff file.
 
If you want your staff member / assistant to be unsupervised with children, they must have received their Ofsted suitability letter** first – and they must also complete a 12-hour Paediatric First Aid course. It might also be recommended by your Local Authority that they complete a Local Safeguarding Partners safeguarding / child protection course in addition to your in-house safeguarding / child protection induction training. You must also have signed permission from parents to state that they are happy for your assistant to have sole care of their child before this happens.
 
**Note that the suitability letter is a letter from Ofsted to state that they are suitable to work with children in your early years setting. It will usually arrive in the assistant’s email inbox but sometimes goes to junk / spam, so they should keep an eye out for it after their completed DBS check has been submitted to Ofsted.
 
The Ofsted suitability letter also allows your assistant to be in ratio** (to have their own key children and for you to increase your ratios) and to help children with intimate care routines. You cannot increase your ratios until the suitability letter has arrived. Also, until the Ofsted suitability letter is received, they must be supervised by you at all times – this means you cannot leave them in a room alone with the children or let them, for example, take a group of children outside or on an outing without your direct supervision.
 
**Note about increasing ratios – before you increase your ratios there are further steps you should take. For example, you should check you have enough floor space by measuring your rooms and you should also speak to your Local Authority planning department to see whether you need to apply for and wait to be granted planning permission.
 
You will then add more documents to their staff file – for example, their Ofsted suitability letter and build the file as time goes on by including details about observations of their practice, supervisions (which must be ‘regular’ to comply with the EYFS) and ongoing training certificates.  
 
The staff file should be a complete record of their time working for you in your setting. Record retention for staff files (in normal circumstances) is for 6 years after the employee leaves.
 
The Ofsted early years inspection handbook (point 194) is clear that you will receive a less than good grading for leadership and management if you fail to ensure safer recruitment.

I hope this is helpful. Please message me if you need any clarification.

Sarah. 
​
..............................................................................
Useful links

All links checked as working 23.02.2023 - please email me and let me know if they break - 
​[email protected]. 

Gold Childcare.co.uk members will find a webinar about safer recruitment they can watch here –
https://www.childcare.co.uk/resource-library.

Ofsted early years inspection handbook –
https://www.gov.uk/government/publications/early-years-inspection-handbook-eif.

Ofsted capita DBS (must be home-based, enhanced, child workforce) –
https://www.ofsteddbsapplication.co.uk/

Ofsted 'report new adults in the home' form –
https://www.gov.uk/guidance/childminders-report-new-adults-in-the-home.

Early Years Foundation Stage (EYFS) 2021 –
 https://www.gov.uk/government/publications/early-years-foundation-stage-framework--2.

Staff file walkthrough –
https://independentchildminders.weebly.com/staff/employing-a-childminder-assistant.

Information about staff wages –
https://independentchildminders.weebly.com/staff/minimum-wage-increase-042023.
 

If you have employed (not self-employed) staff, it’s important to keep updated with HMRC changes and one of the most recent changes is the minimum wage increase from April 2023. This was announced in the Chancellor’s Autumn statement and will impact on thousands of employers.

The new minimum wage rate will be £10.42 an hour (up from £9.50) for workers aged 23 or over; £10.18 an hour for those aged 21-22; £7.49 an hour for 18 to 20-year-olds; £5.28 an hour for apprentices. HMRC are clear that, ‘an employer cannot exclude or limit the payment of minimum wage within any type of contract. Likewise, a worker cannot agree to be paid less than the minimum wage or to be unpaid.’

As an employer you are legally obliged to pay the minimum wage – there are penalties if you don’t. I am often asked whether, for example, childminder assistants can be self-employed, or if employers need to pay staff for attending out of hours staff meetings, first aid courses etc. It’s easy to make mistakes, so I usually signpost the ACAS website: https://www.acas.org.uk/ - phone number: 0300 123 1100 - where you can get free, impartial advice.

Some important things to note:

**It’s important to know the rules around self-employment for childminder assistants. If your assistant is needed by the business (not free to work elsewhere because they are tied to ratios, for example) then HMRC state that you need to employ them.

**You must give your staff member a contract which sets out their work terms and conditions including wages. Legally, since 1 April 2020, you have to give all new employees a contract on their first working day in the setting. 

**You must give your staff member a pay slip every month, detailing their wage plus any additional payments you have made, such as overtime and holiday or sick pay.

**Overtime cannot be included as part of the minimum wage – it must be stated separately on the pay slip.

**If you require staff to have an Ofsted home-based DBS as a pre-requisite for working in your childcare setting then the cost of the DBS will not reduce their minimum wage because it must be purchased before they start working for you. However, if you ask them to get the DBS while they are employed or to pay for the annual DBS update service and that cost takes them below minimum wage, you have to pay it for them.

**If you ask staff to attend or do training outside their normal hours of work, you must pay them to attend as well as paying for the training – even if they are doing training at home in their own time.

**Money or gifts given to staff by parents do not count towards their minimum wage payment. You will find more examples of how to calculate the minimum wage and what counts as payments here –
https://www.gov.uk/guidance/calculating-the-minimum-wage/calculating-the-minimum-wage.

**You cannot deduct things like childcare charges from a staff member’s wage – you have to pay them minimum wage and then send them an invoice. This is not the same thing as a salary sacrifice scheme to pay, for example, childcare vouchers or tax free childcare to another setting the child attends.

**You might have a statement in your staff contract that talks about employees paying back statutory training costs (paediatric first aid and / or safeguarding) if they leave within a certain time. HMRC state: ‘If a deduction is made from a worker’s final payments, it will still be considered in the normal way to assess whether or not the worker is receiving minimum wage pay. For example, if an employer makes a deduction from a worker in their final pay for mandatory training undertaken throughout the employment, the deduction will still be considered in the same way as in any other pay reference period. If the deducted amount reduces the worker’s pay below minimum wage rates for that pay period, the worker will be underpaid.’ However, this might not be the case if the employee took a loan to do a voluntary course while employed by you – I advise you to take legal support before setting up this sort of arrangement.

**The national minimum wage must be paid for ‘time worked’ so if you are asking staff to come in early to set up a room or to be ready to start working for 9am then they have to be paid for that time – they are in work and working.

**You must provide PPE (personal protective equipment) such as masks and gloves for your staff if requested. This is because, if you ask them to pay, the payment will take them below minimum wage.

**If you pay a staff member minimum wage plus extra because they are the safeguarding lead, this doesn’t mean you can say they are on more than the minimum wage per hour – the way HMRC look at it, they are on the minimum wage plus extra to be the DSL which is a role with extra responsibilities.

**If you expect your staff to wear certain clothes – and buying those clothes takes them below the minimum wage – then you have to provide them. You are entitled to set a ‘reasonable limit’ for costs and might want to state that staff should buy generic items of clothing to keep the cost reasonable.

**If you expect your assistant to drive for the business – for example, collecting children from school or taking them to playgroup in their own vehicle, you will need to pay for any extra business class 1 insurance premium they are charged. Also note that if your employee is using their own car for business use (driving childminded children), it might not be covered by their rescue company so that will need to be checked and extra payments might need to be made.

**You cannot charge staff out of their wages for any food you provide for them during the working day. If you expect them to pay for food, you must charge them after they have received the minimum wage in their pay.

**If you have questions about holiday pay or sick pay, I always advise a call to ACAS -
https://www.acas.org.uk/checking-sick-pay/sick-pay-and-holiday-pay.

Note that if you do anything, as an employer, that takes the staff member’s wage below minimum wage, you are acting illegally because wage rates are protected by law. You will find more guidance on how to calculate the minimum wage here –
https://www.gov.uk/guidance/calculating-the-minimum-wage. 

I hope you find this useful. Any questions? Please contact ACAS for further clarification. 

All the best, Sarah. 

There has been legal wrangling ongoing since 2015 in relation to holiday pay for term-time employees. The case is known as Harpur Trust vs Brazel and the final legal judgement came through from the Supreme Court on 20th July 2022.

The judgment states that all staff on a permanent contract, including part-time staff, are entitled to 5.6 weeks holiday a year, regardless of how many weeks they work. This judgement covers anyone on a permanent contract who do not work the entirety of the year.
 
This means that the judgement will affect:
**Staff on part-time contracts – staff must receive the same amount of paid annual leave as those working a full year. From what I have read, this includes term-time only, casual and zero hours staff (see useful articles at the end of this blog).
**Employers – if you have previously calculated holiday pay on a pro rata basis using the ACAS advised percentage of 12.07% you will have to update the way you pay holiday pay immediately and you could be liable for claims of underpayment. This is because staff might have received less than the legal holiday entitlement.
Note that this judgement does not affect full-time contracts because those staff already receive 5.6 weeks paid holiday a year.
 
What does this mean?
Experts (see useful articles below) advise that the judgement provides clarity and will be of value to term-time employees whose working patterns do not fit the traditional full-time model. However, while this is a positive judgement for term-time employees, it might impact negatively on employers who have previously pro-rated holiday entitlement for part-time staff and will now have to pay the full 5.6 weeks a year, even for part-time staff who might only work a few hours a week or a few weeks a year.

Also note that some experts suggest this is one of the few times when a part-time worker might be treated more favourably than a full-time worker and some note that this judgement might lead to more employees requesting part-time working hours.
 
What do you need to do next?
**Review your contracts for part-time staff and check they state the correct holiday pay entitlement – 5.6 weeks statutory paid holiday for all staff (20 days / 4 weeks plus 8 days / bank holidays).
**Amend current methods of calculating holiday pay, if you have used the ACAS 12.07% method previously, so you are paying your staff the correct amount.
**Check your current staffing budget to ensure you can afford any additional holiday pay that will be owed to part-time employees.
**Risk assess the potential for any claims for back-pay from staff who have been incorrectly paid and ensure you have the funds to pay them. Note the advice in the article from Halborns.com below – ‘if you’ve previously used the 12.07% method, it’s possible to minimise the potential for claims of unlawful deductions from pay by immediately starting to pay workers’ holiday entitlement as set out above. This stops the ‘claims clock’ at that point, with the time limit for litigation running out three months after.’ Also note the TES article which states that providers, ‘may also face claims for back pay in respect of any underpayment of holiday pay going back up to two years.’
**Ensure staff pay slips clearly detail their hours worked, salary and 5.6 weeks holiday pay at staff member’s the usual rate. You will find more information about what must be detailed on a payslip from ACAS here – https://www.acas.org.uk/payslips.
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Useful articles
I have taken information from the following articles when writing this blog (08.2022): 
Halborns.com article –
https://www.halborns.com/new-holiday-pay-case/.
TES article (but I found the bit about part-time vs part-year workers a little confusing) –
https://www.tes.com/magazine/leadership/hr/how-schools-should-calculate-holiday-pay-part-year-workers.
Farrer.co.uk article (clarifies part-year) –
https://www.farrer.co.uk/news-and-insights/blogs/harpur-trust-v-brazel-paid-holiday-for-part-year-workers-cannot-be-pro-rated/.
People Management article –
https://www.peoplemanagement.co.uk/article/1793748/part-year-workers-entitled-full-time-paid-holiday-allowance-supreme-court-rules
Reported in the Guardian –
https://www.theguardian.com/law/2022/jul/20/uk-part-year-workers-entitled-to-full-paid-annual-leave-court-rules
A PDF of the Harpur Trust vs Brazel judgement –
https://www.supremecourt.uk/cases/docs/uksc-2019-0209-judgment.pdf.
 
Photo credit: Personnel Today on Google Images. 
​
Please note: I am not an expert in staff wages. I am using best information available at the time of writing to put together a blog to support colleagues. If you are unsure about what to do next – or you use 12.07%  to calculate holiday pay and you are not sure how to change it – or staff approach you with questions you cannot answer – and you do not have a payroll advisor / accountant to speak to, I suggest you contact ACAS for more guidance.

​Thank you. 

The second wave of coronavirus cases has started to shut down nurseries and childminders with assistants across the country and a lot of owners and managers are concerned about what to do with staff wages if they are required to close.
 
It is a legal requirement for employees to self-isolate if they are told to do so as a result of a potential, or confirmed, exposure to coronavirus. If they fail to isolate, they could receive a fine – and the liability extends to businesses.
 
Reporting requirements

If you have to close the setting, either because you are isolating or because there is a positive case of coronavirus in the bubble within your setting, you must –

• Inform Ofsted
• Inform your local Public Health
• Notify your insurance company
• Offer a refund to parents for any advance fees paid
• Send staff and children home to isolate.

 
Wages liability 
 
**If staff are required to self-isolate, they should be paid statutory sick pay from day 1 and for up to 14 days, as long as they earn over the lower earnings limit – ACAS will be able to help you with calculating this. Note you can only claim 14 days per employee.
 
**If you have a ‘lay off’ clause for emergency closure in staff contracts you can lay off staff if you do not have work for them. You have to pay £30 per day to staff who you lay off up to a total of £150 (up to 5 payments). After this payment, they will need to apply for Universal Credit.
 
**Staff required to self-isolate may be eligible to apply for the Coronavirus Support Grant from their Local Authority if they are on a low income and do not have savings – the grant was opened for applications from 12th October 2020 and may be paid even if they have received statutory sick pay. You should inform staff that the grant might be an option.
 
**You can continue to pay full staff wages if you have the funds available.

Job Support Scheme 
 
A new Job Support Scheme replaces the current Job Retention Scheme from 1st November 2020. It does not that it will be relevant for coronavirus closures because the scheme is for a ‘reduced need’ for work rather than a closure.

​Disclaimer
 
This is my understanding of the current situation – 31.10.2020. Please note that it does not constitute legal advice and ACAS should be consulted if you are unsure. 

A blog to support childminders who want to register an assistant to work with them – information updated 10.2019.
 
For more detailed information, please see e-book 48 ‘Assistants / Staff’ on my Knutsford Childminding website.
 
If you are a Childcare.co.uk gold member, please see the recently (10.2019) updated example of an assistant contract on the Childcare.co.uk website.
 
Safer recruitment procedures:

• Safer Recruitment Policy
• Person specification
• Job description
• Application form *highlight safeguarding
• Interview *plan the questions carefully *consider the Equality Act

 
You need to check:

• Do you need planning permission from your Local Authority to work with someone else?
• If you want to increase the number of early years children you look after - do you have floor space?

Ask your applicant to bring:

• Referees x 2 
• Confirmation of name – for example, birth certificate *photocopy
• Confirmation of address – for example, driving licence *photocopy
• Proof of right to work in the UK – for example, NI number *photocopy
• Employment history *check and photocopy
• Qualifications *check and photocopy
• Any other certificates they might have available for working with early years children – for example, Paediatric first aid, safeguarding etc *photocopy

 
To comply with the EYFS assistants must be able to:

• Communicate in English
• Understand written English
• Understand and use the EYFS
• Deploy so children’s needs are met

How will you check compliance during the interview process?
 
Ask your applicant to complete and sign:

• Suitability self-certification 

 
Note: with parents written permission, a Childminding assistant can be left unsupervised with children for up to 2 hours a day. However, while your assistant can start working at this point, they must not be left unsupervised with children until they have completed the following steps…

Before your assistant starts:

• Buy insurance *display the certificate
• If your assistant is going to drive children they will need business insurance *Keep a copy of the certificate

 
Before assistant is left unsupervised with children

• Follow up the references *in writing where possible
• Complete a home-based Ofsted (Capita) enhanced DBS check
• Assistant to complete the EY2 form completed on Ofsted Government Gateway
• Receive a suitability letter from Ofsted
• Request written permission from parents
• Assistant to complete Paediatric first aid training and... 
• Safeguarding training and...
• Induction training including health and safety
• Prepare an Attendance Register

 
Staff documentation
The following documentation must be in place for your assistant (minimum):

• Emergency contact information
• Record of home address
• DBS issue number and date

Note: for childminder assistants, changes related to the DBS check including disqualification, disqualification by association or medical suitability must be reported to Ofsted.
 
Further documentation:
The following staff documentation is required:

• Contract of Employment and Statement of Particulars (terms and conditions)
• Job Description
• Attendance Register *must show time unsupervised with children
• Staff Handbook
• Induction training
• Annual suitability check

 
Before payments are made:

• Register with HMRC as an employer
• Ask for your assistant's bank details and...
• NI number
• Register as a pension provider - for example, NEST 

 
Policies and procedures:
Policies / Procedures to support a childminder who works with assistants will include:

• Information Sharing Policy *include information about confidentiality
• Suitability *disqualification / disqualification by association
• Disciplinary Policy *include procedures for dismissal
• Grievance Procedures
• Staff Behaviour Policy *to comply with KCSIE 2019
• Updated Safeguarding Policy *include information about whistleblowing and mobile phone / camera
• Medication Policy *include information about what to do if your assistant is prescribed new medication and medication storage
• Staff Wellbeing Policy

 
Induction and ongoing training:
EYFS requirement 3.20 states: ‘Providers must ensure that all staff receive induction training to help them understand their roles and responsibilities. Induction training must include information about emergency evacuation procedures, safeguarding, child protection, the provider’s equality policy, and health and safety issues.’
 
Plan induction training to cover:

• Roles and responsibilities
• Risk-benefit assessments
• Emergency evacuation and fire safety
• Safeguarding and child protection procedures
• Local safeguarding reporting procedures
• Mobile phone and camera use
• Lost / missing child procedures and parent failure to collect procedures
• Medication administration procedures
• Day-to-day health & safety
• Health and safety in the setting and on outings *display HSE poster
• Hygiene including food safety
• Secure medication, phone and bag storage
• Equality and inclusion

Ongoing training to cover:

• Managing and recording accidents, injuries and first aid
• Managing and recording incidents
• Visitor procedures
• Daily record keeping
• Food hygiene training – if required to prepare food or if left in unsupervised contact with children
• Paediatric first aid – if required to administer first aid or if left in unsupervised contact with children
• Observation, assessment and planning
• Writing policies and procedures
• Contributing to self-evaluation and action planning
• Sharing information with parents and other settings

 
This blog provides the basics – for more detailed information, please see my e-book 48 ‘Assistants on my Knutsford Childminding website.
 
Thank you, Sarah. 

If you have staff - assistants and other staff in your early years setting - you must train them on GDPR.

GDPR - the General Data Protection Regulation - is law from May 25th and your staff will need to know how to comply with the new law. 

It is recognised that different staff will need different levels of training. For example, an apprentice who is not completing children's records does not need as much knowledge about GDPR as a Room Leader or a Deputy Manager. 

Staff training should cover the background to GDPR and how it relates to your staff members. For example, if a staff member is processing children's paperwork they will need to understand the importance of data security ... if a staff member takes documents off the premises to work on at home, they will need to learn more about keeping it secure and confidential.

A good starting point for staff training is this free video presentation from me, hosted by Childcare.co.uk.

I hope you find it useful. Sarah.