A well-run early years setting is underpinned by clarity – not only in the quality of care provided, but in how its people are employed, supported, and managed. Yet for many providers, understanding exactly what is required when employing staff can feel unnecessarily complex.
Much of this comes from conflicting guidance and generic advice that doesn’t always reflect the realities of the sector. In practice, the fundamentals are clear – but they require a structured and considered approach.
Employing Staff – The Basics
Before a new team member even steps into your setting, there are essential checks that must be completed. The EYFS safer recruitment framework sets the standard here, requiring you to obtain employment references, complete a DBS check, and ensure a fully completed application form is on file – with any gaps in employment clearly explained.
Alongside this, Right to Work checks are a non-negotiable legal requirement. Employers must see original documentation, such as a passport or birth certificate, and retain copies. It’s worth noting that a driving licence alone does not meet this requirement. These initial steps are not simply administrative; they form the foundation of safeguarding and compliance.
Once employment begins, your responsibilities as an employer become more structured. Every employee must receive a contract of employment – often referred to as a statement of particulars – no later than their first working day. This sits alongside the obligation to pay at least the national minimum wage, provide appropriate rest breaks, and ensure access to key workplace policies such as disciplinary, grievance, and health and safety procedures.
Beyond this, employers must provide a safe working environment, ensure staff receive their full annual leave entitlement (equivalent to 5.6 weeks per year), and operate a workplace pension scheme under auto-enrolment rules. Employees must also be able to access statutory entitlements, including sick pay, maternity leave, and flexible working arrangements. These are not discretionary benefits; they represent the baseline of fair and lawful employment.
The contract itself plays a central role in defining the working relationship. At a minimum, it should clearly set out the employer and employee details, hours of work, pay structure, job title, holiday entitlement, notice periods, and pension arrangements. It must also reference disciplinary and grievance procedures, as well as any sector-specific requirements such as DBS checks and safeguarding expectations.
However, in a nursery setting, a contract should go further than the legal minimum. It should reflect how the business operates day-to-day. This often includes clarity around CCTV usage where applicable, expectations around health and safety, and any lawful deductions from wages. It may also cover uniform requirements, restrictions on secondary employment, and the handling of employee data in line with GDPR. In essence, the contract should provide a complete and transparent picture of the employment relationship.
FAQs
Where should I get my employment contracts from?
There is no shortage of providers offering employment contracts, but not all are created equal. Generic templates can often fall short, particularly in a sector where safeguarding and compliance carry such weight. Working with a provider who understands the nuances of early years can make a meaningful difference – not just in the quality of the document, but in the clarity it provides. Importantly, this support can often be accessed without entering into long-term commitments.
I’ve got someone starting but haven’t got their references and DBS back yet. Can I start them anyway?
This is an area where caution is well placed. While it is possible to risk assess a delayed DBS – provided the individual is not left unsupervised – references present a more complex challenge. Addressing unsatisfactory references after employment has begun can be significantly more difficult than withdrawing an offer beforehand. This is particularly true if the original offer was not explicitly conditional on satisfactory checks.
Do I have to have a contract for when they start, or can I give one once they pass probation?
The legal requirement is clear: a contract of employment must be issued no later than the first day of employment. Waiting until the end of a probationary period does not meet this obligation and can create unnecessary ambiguity for both employer and employee.
Do we have to pay staff for setting up and closing down the setting?
Where staff are required to carry out duties such as preparing rooms, setting up equipment, cleaning, or closing down at the end of the day, this is considered working time and must be paid accordingly. Distinguishing this from personal preparation is important – asking staff to be ready for work is different from asking them to undertake work itself. Failing to recognise this distinction can, in some cases, lead to non-compliance with minimum wage regulations.
Employing staff in the early years sector is not simply a legal exercise – it is a reflection of the standards, values, and professionalism of your setting.
By approaching these responsibilities with clarity and intent, providers can create environments where teams feel secure, valued, and able to focus on what matters most: delivering exceptional care and education.
