Should we pay au pair for unused holiday when leaving early?

[Echobelly]

AP is leaving this week - he gave his notice a fortnight ago, so he is leaving us a month earlier than original agreement of 6 months. We agreed two weeks' paid holiday over the six months, and he has taken one, and he is asking whether he is due to be paid for that week as he hasn't taken it?

He's not insisting on it, he's saying he doesn't know if that's normal. I know in an ordinary job it would be usual to be paid unused holiday, but TBH I don't see we are duty bound to pay it, as he hasn't worked the full six months. Nothing specified about that in our contract other than two weeks' paid holiday over six months. What do people here think?

Would it be fair to pro-rata, which is what I'd expect for any other job? So on six months, he was getting 2 weeks, so 2 days/month holiday. As he's leaving early, I'd assume he\s entitled to 2 days less holiday, so give him 3 days pay.

I don’t think he gets his agreed holiday if he hasn’t done his agreed term. Why is he leaving early?

What fan said. In any other job it would be recalculated pro rata and either paid for or you could let him take it and finish 3 days earlier.
Or if you used an agency then ask them

No, you have to accrue holiday.
It basically works out that he gains a day of holiday for every 4 days that he has worked.

I’d take the number of days he has worked and divide it by 4. If it’s more than the 7 days that he has already had then you owe him the difference but not for a full week that he hasn’t earned.

No, I wouldn't pay.
He's not entitled to the full amount as PP have said, so I'd just say that he can leave 3 days earlier.

only pro rata

He’s only entitled to a pro rata allowance for working 5 months.

However, the statutory minimum holiday entitlement is 28 days per year (including public holidays), so he’s entitled to 12 days’ paid leave for working for you for 5 months.

If you had a fixed term contract with a big employer, but resigned earlier than the end of the contract, that employer would not get to diddle you out of your legal pro rata entitlement just because you left early. They would be duty bound to pay you your entitlement.

Don’t cheat your au pair just because you’re annoyed he’s leaving early.

It would depend why he was leaving early, and if he had done a good job.

Prorata , but is it really worth quibbling over a day or two's pay?

How much is it? If it's £50 I would probably pay it, if it's £200, probably not.

I'd pro rata it and pay him. No idea what the legal requirements are for au pairs though.

Thanks everyone, I'll tell him it doesn't count for a full week as it's not over the full six months. He's leaving on Weds and we have given him a whole weeks' pay anyway.

He's going back to Spain because his sister is setting up a business and offered him a job.

Everyone cross your fingers for me, as I'm speaking to a nice-sounding chap today who is arriving in the UK next week, so I'm really hoping we can take him on! Otherwise I do at least have a TA from school who can pick the kids up from camp and then we can find someone to start in September.

Actually, seeing as the full weeks' pay was good will, I've said I'll give him two days' extra for the accrued holiday, it's no biggie.

We didn't have an awful lot in common or much to say to each other, tbh, but he's a nice enough chap and has been reliable.