A nanny employed directly by a household can have important statutory employment rights, but the exact rights depend on the person’s legal employment status and the facts of the working relationship. Families should not label a nanny “self-employed” merely to avoid PAYE or employment obligations, and both employer and nanny should understand which rights apply before relying on a generic checklist.
By Filipino Nanny | Prepared 23 August 2026
Start with employment status
UK law distinguishes between employees, workers and genuinely self-employed people. Employment status affects rights such as paid holiday, Statutory Sick Pay, notice, family leave and unfair-dismissal protection. Tax status is related but is not always identical to employment-law status.
GOV.UK says an employee is someone working under an employment contract and may have rights including Statutory Sick Pay, statutory family leave and pay, minimum notice, flexible-working requests and, where eligibility rules are met, unfair-dismissal and redundancy protections. Workers have a smaller set of rights but still generally receive protections such as minimum wage, paid holiday, payslips and protection against discrimination.
Use GOV.UK employment-status guidance and Acas employment-status guidance. Where status is unclear, obtain individual advice rather than deciding from the job title alone.
Can a household simply call a nanny self-employed?
No label by itself decides status. GOV.UK and Acas both explain that the reality of the working arrangement matters. A person is less likely to be genuinely self-employed where the household controls when and where they work, expects personal service, provides the working environment and treats them as part of an ongoing household role.
GOV.UK warns that getting employment status wrong can lead to unpaid tax, penalties or loss of rights. A family making a permanent direct hire should therefore check both employment-law status and tax status rather than using self-employment as a convenience.
What written terms should a nanny receive?
An employer must provide employees and workers with a written statement of employment particulars. The principal statement must be provided on the first day of employment, with the wider written statement within 2 months.
The statement covers items such as employer and worker names, job title or description, pay, hours and days, holiday, place of work, probation where applicable and other main conditions. Day-one information also includes sick-pay procedures, other paid leave and notice periods; the wider statement includes pension and disciplinary/grievance information.
See GOV.UK: written statement of employment particulars and our nanny employment contract guide.
What is the minimum wage in 2026?
From 1 April 2026, the National Living Wage for workers aged 21 and over is £12.71 per hour. The 18–20 rate is £10.85 and the under-18 and qualifying apprentice rates are £8.00. Rates change each April, so an employment contract should not be treated as a permanent substitute for the current statutory rate.
Live-in accommodation has special minimum-wage rules. From April 2026 the accommodation offset is £11.10 per day. Providing a room does not permit an employer to ignore minimum-wage calculations.
See current National Minimum Wage rates and GOV.UK accommodation guidance.
How much paid holiday does a nanny get?
Almost all people classed as workers are legally entitled to 5.6 weeks’ paid holiday a year. A five-day-a-week worker normally receives 28 days’ statutory leave, while part-time and irregular-hours calculations differ. Bank holidays can be included in the statutory entitlement.
Holiday pay should reflect the rules that apply to the employee’s working pattern and normal pay. Use the current GOV.UK holiday-entitlement guidance or calculator rather than a one-size-fits-all number.
What changed for Statutory Sick Pay in April 2026?
For sickness absences starting on or after 6 April 2026, Statutory Sick Pay is available to eligible employees regardless of earnings and is payable from the first full day of sickness absence. The 2026–27 weekly amount is £123.25 or 80% of average weekly earnings, whichever is lower, subject to the detailed eligibility and calculation rules.
SSP can be paid for up to 28 weeks. A household may provide more generous contractual sick pay, but it should not provide less than the statutory entitlement where SSP applies.
See GOV.UK employer SSP guidance and the 2026–27 employer rates and thresholds.
What about working hours and rest?
This is one of the areas where domestic-household employment needs particular care. The general GOV.UK working-time guidance says many workers are limited to an average 48-hour working week unless they opt out, but it also lists domestic servants in a private household among the jobs that may have to work more than that average.
GOV.UK’s rest-break guidance also contains domestic-household exceptions, and separate rules can apply to night work and compensatory rest. Because the classification of a particular nanny and the interaction between the Working Time Regulations, domestic-household exceptions and contractual terms can be fact-specific, this page does not state that every private-household nanny has the standard 48-hour cap or every standard rest rule without qualification.
Families should still define working hours, off-duty periods, overnight work and rest clearly, especially for live-in roles. For unusually long hours, rota roles, regular overnight work or disputed rest entitlement, obtain specific employment-law advice.
See GOV.UK maximum weekly working hours, rest breaks at work and night-work exceptions.
Does live-in mean the nanny is always on duty?
No. Living in the family home describes the accommodation arrangement, not permanent working time. The written role should state normal hours, what counts as overnight or on-call work, how extra work is agreed, and when the nanny is off duty.
Use our live-in nanny guide and live-in accommodation guide when defining the arrangement.
Protection against discrimination
Employment rights include protection against unlawful discrimination. Race protections cover nationality and national or ethnic origin. A household should therefore use job-relevant criteria and should not assume skills, English ability, work ethic, reliability or immigration status from a candidate being Filipino or from any other nationality.
Where a genuine language requirement exists, specify and assess the language rather than using nationality as a proxy. See Acas race-discrimination guidance and Acas recruitment guidance.
Right to work is separate from nationality and suitability
Before employment begins, the household employer must complete the correct right-to-work check. A candidate’s nationality, accent, surname or previous UK employment does not replace the statutory check.
Use GOV.UK: check a job applicant’s right to work and our right-to-work guide.
What if the family wants to change hours or duties?
A household’s needs can change, but agreed employment terms should not simply drift. GOV.UK says employers usually need the employee’s agreement to change contractual terms, and changes to the written statement must be communicated within one month of the change.
Acas recommends consultation, agreement and clear written confirmation of what changes, when it takes effect and whether it is temporary or permanent. See our evolving childcare-needs guide and nanny pay-review guide.
How should a nanny raise a problem at work?
Many concerns can be raised informally first: unclear duties, pay errors, schedule changes, communication or workload. Where informal discussion is inappropriate or does not resolve the issue, the employment contract or wider written statement should explain the grievance procedure.
Acas provides guidance on raising problems at work and formal grievance procedures. Serious disputes, dismissal, discrimination, wage claims or status questions may require independent professional advice.
See Acas: how to raise a problem at work.
What rights should families budget for before hiring?
| Area | What to check |
|---|---|
| Employment status | Employee, worker or genuinely self-employed based on the real working relationship |
| Written terms | Principal statement day one; wider statement within 2 months |
| Pay | Current National Minimum Wage/National Living Wage and gross salary agreed |
| Holiday | Statutory paid-leave calculation for the working pattern |
| Sick pay | SSP eligibility and 2026 rules where the nanny is an eligible employee |
| Working time | Actual hours, overnight duties and any domestic-worker exceptions or advice needed |
| Discrimination | Use job-relevant criteria, not nationality-based assumptions |
| Right to work | Correct employer check before work begins |
| PAYE/pension/insurance | Employer obligations where they apply to the status and earnings |
Where this fits in the Filipino Nanny hiring process
Filipino Nanny Agency introduces and matches candidates, but for permanent direct employment the household remains the employer and carries the employment responsibilities that apply. Use our household-employer legal guide, PAYE and payroll guide and employment-contract guide.
Important legal note
This page provides general information, not individual employment-law advice. Employment status, working-time exceptions, dismissal rights and other entitlements can turn on the facts of the individual relationship. A family or nanny dealing with a dispute, unusual hours, a status question or a proposed contractual change should use current official guidance and obtain appropriate professional advice where needed.