Terms and Conditions of Nanny Registration
In plain English — what you most need to know
A quick overview of the main points. It’s not a substitute for the full terms below, which are what actually apply.
- We introduce you — we don’t employ you. We find and introduce you to families for nanny roles, which you take up with the family directly. We never charge you a fee for finding you work.
- How it works. We’ll suggest suitable roles, put you forward, and guide you through interviews, references, the offer and the contract. We can’t guarantee a role or any particular number of roles.
- Stay vetted. Keep your Enhanced DBS and right to work up to date, and tell us anything that could affect your working with children.
- Children come first. Safeguard the children, follow the family’s instructions, keep things confidential, give medicine only with written consent, and drive children only if agreed and you’re properly licensed and insured.
- Be professional and committed. Honour roles you accept and give proper notice under your contract with the family.
- Keep families through us. Don’t take Agency-introduced families on privately — tell us of any direct approach. The family pays our placement fee, not you.
These Terms and Conditions (the “Conditions”) set out the terms which apply between Wimbledon Babysitting & Nanny Agency (the “Agency”) and you when you register with the Agency as a nanny (a “Nanny”).
The Agency is an employment agency under the Conduct of Employment Agencies and Employment Businesses Regulations 2003. It introduces you to its clients (each a “Client”) for permanent, temporary, maternity and night nanny positions, on the basis that you will be engaged and employed by the Client directly. The Agency introduces Nannies; it does not employ Nannies.
By registering with the Agency, or by accepting an introduction to a Client, you confirm that you have read, understood and agree to these Conditions.
1. Registration and vetting
1.1
Registration is at the Agency’s discretion and is subject to the Agency receiving, and being satisfied with, all of the following:
- a completed application/registration form;
- two satisfactory references from referees who are not family members and can comment on your experience and ability with children;
- evidence of a current Disclosure and Barring Service (DBS) check (ideally registered with the DBS Update Service), a copy of which the Agency will retain;
- photographic identification (passport or driving licence), copies of which the Agency will retain;
- evidence of your right to work in the UK;
- evidence of your relevant childcare experience and any qualifications you hold;
- where a role will involve driving, a full valid driving licence and evidence of appropriate insurance; and
- any other evidence the Agency reasonably requests (for example a current paediatric first aid certificate).
1.2
On receipt of the above, the Agency will arrange an interview with you. Following this, the Agency will confirm whether your application has been successful. The Agency may refuse any application at its discretion, for example where its registration requirements have not been met.
1.3
Throughout your registration you must keep your DBS check current, maintain your right to work in the UK, and tell the Agency promptly of anything that may affect your suitability to work with children — including any caution, charge or conviction, any safeguarding concern raised about you, any relevant health matter, and any change to your contact details or availability.
2. Your status and tax
2.1
You are not employed by the Agency. The Agency introduces you to Clients on the basis that you are engaged and employed by the Client directly, and the Agency is not responsible for the acts or omissions of any Client.
2.2
Where you are engaged as the Client’s employee, the Client is responsible for operating PAYE and for deducting and accounting for income tax and National Insurance on your earnings. Where you are engaged on any other basis, you are responsible for declaring your earnings to HM Revenue & Customs and for paying any tax and National Insurance due. The Agency does not pay you or make any deductions on your behalf.
2.3
You warrant that you are legally entitled to work in the UK and to carry out childcare work, and that you will notify the Agency immediately if this changes.
3. Introductions and the placement process
3.1
The Agency will discuss suitable roles with you and, with your agreement, put you forward to Clients. You agree that the Agency is under no obligation to find you any role, or any particular number of roles.
3.2
You must give the Agency accurate and complete information about your experience, qualifications, availability and requirements, and keep this up to date.
3.3
The Agency will arrange interviews, which you should attend punctually and professionally, and will assist with references, the offer and the contract. The terms of your engagement — including salary, hours, duties, holiday and notice — are a matter to be agreed between you and the Client, and the Agency recommends that you and the Client put these in a written contract of employment.
3.4
You decide whether to accept any role. If you accept a role, you should honour that commitment and give proper notice in accordance with your contract with the Client.
4. Conduct and standards of care
4.1
The welfare and safety of the children in your care is your first priority at all times. You must carry out your duties with reasonable skill and care, and act professionally and reliably.
4.2
You must follow the Client’s reasonable instructions and house rules, and any reasonable guidance, rules or procedures issued by the Agency from time to time.
4.3
Safeguarding. If you have any concern about the welfare or safety of a child, you must report it to the Agency as soon as possible and, where a child is at immediate risk, to the emergency services and/or relevant authorities. You agree to co-operate with the Agency’s safeguarding procedures.
4.4
You must keep confidential all information about the Client’s household, family and affairs, both during and after your engagement.
4.5
You must not administer any medication to a child unless the Client has given specific written instructions and consent in advance, setting out the medication, dosage and timing.
4.6
You may drive or transport the Client’s children only where this has been expressly agreed with the Client, and only if you hold a full valid UK driving licence and appropriate insurance for that use, and you comply with child car-seat and road safety law.
4.7
You must not consume alcohol or any non-prescribed drugs while on duty, and must not smoke or vape in or around the Client’s home or in the presence of the children. Keep personal mobile phone use to what is necessary and remain attentive to the children.
4.8
If you are unable to attend work due to illness or an emergency, you must notify the Client and the Agency as soon as possible.
5. Fees
5.1
The Agency does not charge you any fee for finding you work. The Agency’s placement fee is charged to, and payable by, the Client.
5.2
Your salary or pay, and any expenses, are a matter between you and the Client.
6. Working with Clients — non-circumvention
6.1
While you are registered with the Agency, you must not make or accept any private or direct approach for a nanny role or other childcare work with a Client introduced to you by the Agency in a way that bypasses the Agency.
6.2
If a Client approaches you directly, or offers you a role, you must notify the Agency promptly and must not accept the role privately. Such engagements are arranged through the Agency, and the Client is responsible for the Agency’s applicable placement fee.
6.3
If you breach this clause 6, the Agency may end your registration immediately and you may be liable to the Agency for the fees it would otherwise have earned, without prejudice to any other rights or remedies the Agency may have.
7. Limitation of liability
7.1
The Agency is an introduction agency only and will not be liable to you for any losses, damages, costs, claims or other expenses (including reasonable legal fees) of any nature arising out of:
- your failure to comply with these Conditions;
- any decision by a Client not to interview, engage or continue to engage you, or any failure by a Client to keep an appointment, except where the Agency has failed to use reasonable care in confirming the details with the Client;
- any act or omission of a Client; or
- your relationship with, or engagement or employment by, the Client.
7.2
Notwithstanding anything else in these Conditions, the Agency shall not be liable to you for any loss or damage (whether loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for compensation whatsoever (howsoever caused) which arise out of or in connection with these Conditions: (a) as a result of any increase in your loss due to a failure by you to comply with these Conditions; (b) if the Agency has not breached any legal duty owed by it to you; or (c) if the loss or damage is not a reasonably foreseeable result of any breach by the Agency of its duty to you.
7.3
The Agency may delay performing, or may cancel, your registration without liability to you if it is prevented from or delayed in carrying on its business due to circumstances beyond its reasonable control (including strike or other industrial action, terrorist activity, civil commotion, government action, acts of God, war, national emergency or epidemic). If such an event continues for more than three months, either party may terminate the registration on written notice.
7.4
Nothing in these Conditions excludes or limits the liability of either party for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.
8. Insurance
8.1
The Agency does not provide insurance covering you in respect of your work. You are responsible for arranging any insurance you consider appropriate for your activities — including, where you will drive children, appropriate motor insurance for that use.
9. Data protection and confidentiality
9.1
The Agency complies with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and any other data protection legislation in force from time to time, and processes your personal data in accordance with its Privacy Notice (available on its website). You agree that the Agency may pass your relevant details, references and vetting information to Clients where necessary to put you forward for and arrange roles.
9.2
Except where disclosure is required by law, or is necessary to provide Clients with information about you needed to arrange roles, the Agency will keep confidential the information it obtains about your affairs. You must likewise keep confidential all information you obtain about any Client, their household and their family, both during and after your registration.
10. Ending your registration
10.1
You may end your registration by giving the Agency one month’s notice in writing. If the Agency does not hear from you for a continuous period of one month, your registration will be treated as ended. Ending your registration does not affect any contract of employment between you and a Client.
10.2
The Agency may end your registration with immediate effect if:
- you breach any of these Conditions;
- any information you have provided proves to be inaccurate, misleading or incomplete;
- your DBS check, references or right to work cease to satisfy the Agency’s requirements, or a safeguarding concern arises;
- you fail to meet the Agency’s registration requirements in force from time to time; or
- you make a voluntary arrangement with your creditors, become subject to a bankruptcy order, or are unable to pay your debts.
10.3
Ending your registration for any reason is without prejudice to the rights and obligations of the parties accrued up to and including the date it ends. Clauses which by their nature should survive termination (including clauses 6, 7 and 9) continue to apply.
11. Complaints
11.1
If you have any issue, complaint or concern, please tell the Agency immediately. If the matter cannot be resolved amicably, the Agency will ask you to put your complaint in writing. If it cannot be resolved between us within 30 days, either you or the Agency may refer it to a certified alternative dispute resolution (ADR) provider.
12. General
12.1
You may not assign, transfer or sub-contract any of your rights or obligations under these Conditions.
12.2
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Conditions.
12.3
These Conditions are governed by English law, and any disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.
Acceptance
By registering with the Agency — including by signing below or by confirming your acceptance electronically when you register — you acknowledge and accept these Conditions.
Signed: ………………………………………………………..
Name: ………………………………………………………….
Date: …………………………………………………………..