Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Paid childcare

Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

Flip

Original poster

Furloughed au pair... questions with pressing ahead

25 replies

ziggiestardust · 19/05/2020 12:05

Our au pair has chosen to go and stay with her partner since the coronavirus broke out. We were happy with this and have continued paying her 100% of her wage, plus phone bill. This has been going on for around 6 weeks now, and looks set to continue for at least another month If not longer. We are in regular contact.

Her contract is due to end in November and we won’t be replacing her; my company’s policy on flexible working has changed and my son is approaching the end of primary school.

My question is this; do I keep paying her under these circumstances until November? I’m more than happy to, that’s fine; but my company are expecting redundancies as a result of coronavirus so the extra cash wouldn’t go amiss. With the current restrictions, it’s not like she can just pop in and do odd jobs; she must stay where she is certainly for the time being.

Again... to stress; if it’s the norm to pay 100% in this very unique situation (no one saw this coming!) then I will continue to do so of course.
What are people’s thoughts?

OP posts:

sleepismysuperpower1 · 19/05/2020 12:12

Your Nanny should be paid no less than 80% of her gross wage or £2500 per month gross whichever is the lower of the two - according to nannypaye.co.uk. Hope that helps x

underneaththeash · 19/05/2020 16:23

Can you furlough an au pair? Were you operating PAYE for them or do you just mean that you were paying them and they weren't working for you?

As she can't work from home, she can come in to your house and do jobs for you. It's up to both of you, is she happy with her boyfriend? If so, and she doesn't want to come back, then I'd stop paying after the middle of next month.

roses2 · 19/05/2020 16:30

Why are you still paying her - are you needing her to come back and work for you at some point?

PestymcPestFace · 19/05/2020 16:37

When an au pair moves out, they have very much resigned.

You certainly can't get them to keep working because they would be under minimum wage and you'd be mixing households.
You have been lovely to keep paying her. As you said there is no norm in this situation, you seem to be on the nice side of norm.

Are you gaining anything now or in the future by still paying her?

DDemelza · 19/05/2020 16:40

If you can pay... do so

LynetteScavo · 19/05/2020 16:45

Is she a nanny or Au-pair?

If she's an Au-pair, then as said if she's not living in your house and not living as a member of the family then she has technically resigned. You have been good to pay her but you don't need to keep paying her until November.

If she was employed as a live in mothers help or nanny, that's a different situation. She should come back to work as she can't work from home.

GherkinsOnToast · 19/05/2020 16:47

As an au pair she isn't actually 'employed' is she? I though au pairs were visitors here to learn English and be paid a nominal amount of pocket money for helping out in the house. so therefore furlough wouldn't be applicable. As it is a cultural exchange not a job.

I would have expected her to remain in your home during the lockdown and if she chose to live elsewhere then surely she isn't au pairing any more and it is your choice as to wether you pay her or not but if she is no longer living with you and you are still paying her for childcare then she is a nanny and needs to be paid minimum wage and associated taxes as any live out nanny would be.

HavelockVetinari · 19/05/2020 16:47

Given that she actively chose to move out rather than carry on living and working with you it's been extremely generous of you to pay her. Personally I'd stop paying, as it was her choice not to stay. I've been an au pair myself, and I think you've been extremely kind to pay for 6 weeks already.

DDemelza · 19/05/2020 16:49

Her being a foreign worker and not entitled to government subsidies or employment protections are good reasons for the OP to keep paying her, ffs.

If she's an au pair, it's peanuts anyway.

LonginesPrime · 19/05/2020 16:51

An au pair isn't an employee - they're more like a family member who receives pocket money and board in exchange for light help around the house and some childcare.

Furlough doesn't really apply here and as you point out, these are unprecedented times so it's a case of going with what you think is fair.

I would certainly give her some notice if you're going to stop paying her so she can manage the drop in income, but personally I wouldn't be paying her pocket money until November under those circumstances, especially given the changes to your own financial situation.

That said, you mention a contract - under what circumstances have you agreed to keep paying her and/or is there a notice period for termination? If so, I'd follow what you agreed in the contract.

DDemelza · 19/05/2020 17:12

they're more like a family member

So OP should think how she would like her family member to be treated if forced to stop working and possibly trapped in a foreign country with no rights during a global lockdown. Depending on her country, she may be unable to return home right now or any time soon.

LonginesPrime · 19/05/2020 17:35

So OP should think how she would like her family member to be treated if forced to stop working

From the OP, it seems that the au pair chose to stop working though - if she hadn't left she would still be able to continue her au pair duties in OP's home during lockdown.

CaryStoppins · 19/05/2020 17:43

Can she get home to her family? Will she have any money if you stop giving her pocket money?

If you can afford it then I would still give her that small amount. It's not harming you to do so.

CaryStoppins · 19/05/2020 17:45

Maybe continue giving her pocket money until you can arrange a flight home for her?
If she doesn't want to fly home then give her some notice as to when you will stop paying.

Original poster

ziggiestardust · 19/05/2020 18:12

I think it’s not that we want to stop paying; if lockdown ends sometime between July and November we wouldn’t need, although we could find things for her to do. Until then (and we’ll absolutely pay in full next month) I wonder if it would be reasonable for her to accept a reduction?
She also has a PT job at a chain restaurant and she has 80% pay from there too. If she needed to get home tomorrow and had no money; I would offer to pay for the flight of course, as I would in any situation.

OP posts:

Original poster

ziggiestardust · 19/05/2020 18:13

Also it wasn’t our idea to go to her partner; she asked and we said yes. If this hadn’t happened, we would have continued to pay at full rate + her extras with no additional conversation.

OP posts:

LonginesPrime · 19/05/2020 18:17

Do you have a contract with her, OP?

roses2 · 19/05/2020 18:19

If you don't need her back why continue to pay her? Especially given she is receiving furlough from another job? This is going to cause you HMRC issues.

Original poster

ziggiestardust · 19/05/2020 18:22

@LonginesPrime yes but it doesn’t mention anything about furloughing

@roses2 oh god really?

OP posts:

Original poster

ziggiestardust · 19/05/2020 18:37

I never forced her to stop working. EVER.

OP posts:

DDemelza · 19/05/2020 21:35

Forced by circs. The whole benefit of au paid-dom for the au pair subsists in the free time for language classes, socialising and enjoying the attractions of the host country. All that vanished for her. Lockdown in a host family- even the best host family- would be hard to cope with.

I am not attacking you, OP. I think you are doing the right thing by paying her.

LynetteScavo · 20/05/2020 09:16

If she were my DD I would have wanted you to either to keep her safe and with you during lockdown or pay for a flight home, but wouldn't have expected you to pay her to the end of the contract.

I think you both need to decide whether she is coming back to you or not before November.

LonginesPrime · 20/05/2020 10:17

Does the contract mention anything about termination/notice periods? It might not if it's more of a letter confirming her au pair status.

I would be wary of the legal basis on which I'm paying her now, OP. HMRC recognise that au pairs receive board and pocket money in return for au pair duties and treat like a family setup as opposed to an employment one so they don't usually get involved. But since she is not your au pair at the moment because she's not living with you and not doing childcare, etc, I would want to be clear as to why I am still paying her (and what her status is in relation to you if not an au pair) so I don't end up inadvertently creating the impression she's an employee or contractor (with the consequent tax/legal liabilities).

Do you know whether she's declaring her income from you to HMRC? She's probably not since she's an employee in her other job (i.e. as an employee, HMRC aren't going to make her declare her other income and the onus would be on her to report it to them). But I'd be wary of inadvertently creating a situation where you're effectively paying her cash under the table which she should now be declaring - she's not technically your au pair now so she probably doesn't fall under HMRC's tax rules for au pairs any more, so what is she? Presumably HMRC would want someone to be liable for the tax on this income.

I'd maybe ring round a few UK au pair agencies and see if they've come across this situation.

underneaththeash · 20/05/2020 22:56

@DDemelza - she/he chose to move out!

OVienna · 25/05/2020 09:40

This is not really a typical au pair scenario.

She decided to move in with her boyfriend during lockdown and has another job she's furloughed from. She's elected to pursue a totally different lifestyle than living with a local family and helping out.

I wouldn't have continued to pay her but would have offered her a flight home to her family if she didn't want to stay with us.

Do you think she would even want come back? I can't see why after living with her boyfriend moving back in and taking in a big sister role would be that attractive.

No need to continue paying her, what an odd situation overall.

Flip