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Employing a childminding assistant: the contract and the rules

By Callum Fackrell, registered childminder ยท Updated 6 November 2026

Taking on an assistant is often when a childminding business starts to grow, and it also makes you an employer, with the paperwork that comes with it. Get that paperwork right from their first day and you'll save yourself a lot of trouble later.

Employed or self-employed?

Most childminding assistants are employees, because you decide when they work, what they do and how they do it. Calling someone self-employed doesn't change that. If you're unsure, read HMRC's employment status guidance before they start, because getting it wrong can leave you owing tax and holiday pay.

The written statement

Every employee must have a written statement of their main terms on or before their first day. It should cover their job title, start date, pay and how often it's paid, hours, holiday entitlement, where they'll work, notice periods, sick pay and any probationary period. It can be short, but it has to exist.

Pay, tax and pensions

You must pay at least the National Minimum Wage or National Living Wage for their age. You may need to register as an employer with HMRC and run payroll, and if your assistant is eligible you have to enrol them in a workplace pension. The thresholds change, so check the current figures on GOV.UK when you start.

Insurance

Most employers are legally required to have employers' liability insurance, and your public liability policy usually won't include it. Tell your insurer before your assistant starts.

The childminding rules

Your assistant needs an enhanced DBS check, and you must tell Ofsted about them. They need safeguarding training in line with the EYFS, and paediatric first aid if they'll ever be the only adult there. Under the EYFS, an assistant can have sole care of children for up to two hours in a single day, and only with parents' permission. Nobody under 17 counts in ratios, apart from apprentices aged 16 or over.

What to tell families

Families need to know how assistants work in your setting, and parents must give permission before their child is left alone with an assistant, even briefly. Put this in your parent contract and your consent form.

GoChildmind doesn't write employment contracts, because that's a different area of law. It does cover the parent side: your contract explains how your assistant works and asks families for the sole-care consent the EYFS needs.