News Employment Law
Where do au pairs stand with regard to British Employment Law and the National Minimum Wage?
BAPAA working with Government to Clarify Regulations for Au Pair Industry
Historically, the role of an 'Au Pair' was a specific category within U.K. Immigration Regulations and the Home Office published Guidelines for Au Pairs, which included: age criteria, hours of work and accommodation requirements. At this time, Au Pairs were not governed by employment regulations. In Nov 2008, the Au Pair category was removed from the UK Immigration Regulations.
Most Au Pairs now come to the U.K. from countries in the European Economic Area (EEA) under the European Freedom of Movement Directive and do not have to meet any specific immigration requirements to be an Au Pair (note that there are still specific Immigration Requirements for Bulgarian and Romanian Au Pairs).
Following the removal of the 'Au Pair' category from the Immigration Regulations in Nov 2008, the relevance of other UK Laws to Au Pairs needs clarification e.g. do the Working Time Regulations (WTR) apply to Au Pairs?
BAPAA is working closely with the Department for Business Innovation and Skills “BIS” (the Government Department responsible for the Working Time Regulations) and the Department for Children School and Families “DCSF” (the Government Department responsible for the Vetting and Barring Scheme) to develop clear, consistent guidance on the relevance, (if any) of the WTR or other legislation , the subsequent role of an Au Pair and the responsibilities of their host families .
The purpose of this News Release is to advise current and prospective families that the clarification work is actively in progress and before BAPAA receives the official clarification from Government, families may encounter different interpretations on matter such as working hours and holiday entitlement, from different Au Pair Agencies, on the internet and through various other bodies. Please note that in the absence of any definitive guidelines, these are interpretations only.
BAPAA recognises this situation is not satisfactory, however it will only be resolved when the clarification guidance has been issued and we are working with the UK Government on this.
The relevance of the National Minimum Wage Regulations to Au Pairs is clear and government guidance on this matter has been published for some time.
View: http://www.direct.gov.uk/en/Employment/Employees/TheNationalMinimumWage/DG_175114