News BAPAA
The British Au Pair Agencies Association (BAPAA
The British Au Pair Agencies Association (BAPAA) c/o Trafalgar House, Grenville Place, London NW7 3SA
Dear Host Family
We write to advise you about ongoing developments in the Au Pair industry which relate to changes made in November 2008 to the Immigration Regulations.
BAPAA is currently in discussion with the relevant government departments to seek clarification on the status of an Au Pair and how this Cultural Exchange Programme sits with regard to employment regulations. It is a complex situation and in particular we are seeking advice as to whether the Working Time Regulations (WTR) might apply to Au Pairs.
Previously our industry guidelines defined an entitlement to a minimum of 10 days paid holiday per year, whereas under the WTR the entitlement is 28 days paid holiday per year pro rata.
Because this matter is currently open to interpretation, there is a risk to you that your Au Pair could challenge you (for example in an Employment Tribunal) claiming that their entitlements have not been met. The most likely scenario for this situation to occur would be after the au pair had finished his/her engagement with you and he/she left feeling disgruntled.
Given this uncertainty, we believe that it is less risk for you to make an assumption that the WTR applies to an Au Pair and therefore he/she is entitled to the 28 days pro rata. The WTR also sets out a series of rules which govern how holiday dates are agreed and other matters. More information on holiday entitlement and these rules can be found on http://www.direct.gov.uk
Given the above circumstances and in the absence of any government ruling on this topic, it is for you to decide what holiday entitlement you will give to your Au Pair having considered this situation.
To obtain the most up to date information on this matter and for an explanation on how holiday pay is calculated please view a link to the business link website which itself is linked from www.hmrc.gov.uk and is therefore government advice and policy. Part time and atypical workers holiday pay is calculated prorate. http://www.businesslink.gov.uk/bdotg/...
If you have any strong feelings about this possible development we would invite you to make your comments known to BAPAA at: info@bapaa.org.uk
Whilst writing, we should further make all host families aware of the following facts, please also view www.nannytax.co.uk:
Current tax thresholds: You must register and pay NI on behalf of your employee if you pay them £110 or more per week. If you pay between £97 and £110 and your employee does not have another job you should still register as an employer although no tax and NI will be due. This will enable your employee to receive state pension and other benefits. Tax is only payable if you pay your employee £125* or more per week and they do not have another job.
We hope that this letter does not cause you to be unduly concerned; please feel free to contact your BAPAA agency if you wish to talk the matter through further.
Yours truly
The British Au Pair Agencies Association (BAPAA) May 2010