Au Pairs and National Minimum Wage - 2024 Update

28-02-2024

A very important update - at Smartaupairs we have followed the UK national minimum wage guidelines for a few years now, however it appears that the government is finally also updating their own formal guidance when it comes to payment for au pairs or indeed any live in domestic workers.

This is set to come in action on 1 April 2024. 

"The Low Pay Commission’s extensive evidence in 2021 on this issue provided a clear recommendation to government that the exemption should be removed. The Government accepted the Low Pay Commission recommendations and announced that the live-in domestic worker exemption would be removed in March 2022. During this period, the employment tribunal decision was appealed, and the Employment Appeal Tribunal agreed earlier this year that the exemption should be disapplied. These decisions established the removal of the exemption as a matter of case law.

Taking into account the existing case law and other more general legislation, live-in domestic workers have reasonable arguments that they are entitled to be paid the national minimum wage. However, this is not a matter of certainty, and therefore with the National Minimum Wage (Amendment) (No. 2) Regulations we are putting the matter beyond doubt by amending our regulations to remove the exemption from the date that the amendment comes into force. In the meantime, we recommend that live-in domestic workers are paid the national minimum wage in this short interim period."

Protecting workers’ rights, especially those of vulnerable workers, is a priority of this Government, and we have taken action to remove this exemption. That does not remove the right to have a live-in domestic worker such as an au pair, or other domestic staff; it just means that they will have to be paid at least the national minimum wage.

KEY REFERENCE: https://hansard.parliament.uk/Commons/2024-01-09/debates/768a01d4-1a05-4a6c-8c18-283a0d252dc2/DraftNationalMinimumWage(Amendment)(No2)Regulations2023?highlight=au%20pair#contribution-23CDCEE5-D848-40CE-8DAE-DC370FFC258C

Further resources:

FSP-LAW 

Personnel Today 

Original Smartaupairs Blog Article on the matter

What should you pay au pairs in 2024? Read further here

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