Au Pair Termination - legal advise

[RoundedMummy]

Hi mummies.
I had an au pair who was with me for 5 months. She received a very good package inc clothes and massages, but she turned out to be a real user and exploited us and every relationship she built in our village. The relationship didn't end well. Looks like au pair laws have suddenly changed on 1st April and I need to back date payments. The ex au pair is trying to maximise what she can get out of us, and I am looking for some legal advice on my options.
Is any mummy able to recommend a lawyer who has dealt with au pair (failing that maybe nanny) cases before?

When did she begin and finish working with you? What was her notice period? You need to pay her for the time she worked with you, plus her notice, plus any accrued holiday, and if she was working for you after April 1 then yes, new NMW pay rates apply and that’s what you must pay her for time worked after that, even if her prior rate of pay had been lower. Laws didn’t suddenly change, anyone employing an au pair will have been advised to follow proposed changes since mid 2023. You can subtract £70 per week from her pay for her accommodation (£9.99 a day, as written on the gov.uk website.) It’s irrelevant whether you also chose to provide additional perks like clothes and massages, or whether her employment ended on bad terms: there’s no legal advice which is going to absolve you from paying what she’s legally owed.

The law hasn't suddenly changed, it's now mid August. Are you sure she was the exploitative one?

And if you intend to have an au pair in the future, I’d advise you do it through a registered agency who know the rules, which will prevent the arrangement turning into a mess because you’ve made an oversight or failed to acknowledge your legal obligations.

Please no snarky comments as this is not the right forum to disclose full details. I am aware of the horror stories from families working their aupairs 50 hours a week for £50. I am not one of them. Our au pair had a very good package.

I'd be grateful for a simple recommendation for a lawyer or solicitor familiar with au pairs. I am sure I am not the only mum stung by an au pair.

How has she 'stung' you? What's the legal dispute? Just pay her what she's owed and surely you'll be done with it.

Nobody has been snarky. This is the Legal board, and that’s the legal stance: you have to pay what you legally owe, even if you hadn’t informed yourself of what you needed to pay, and no solicitor can help you get out of that.

NannyPaye may be able to provide legal advice for a fee or point you towards a solicitor, if you’re determined to try. https://www.nannypaye.co.uk/help-centre

Since the law changed NMW does apply to au pairs

gov.uk will have the latest relevant information

if you had an agreement what was in it re holidays, notice etc? Sometimes it is best to terminate, pay what is owed and move on

I had loads of au pairs but pre brexit and I know a lot has changed since then

I have sympathy when things end badly but I’m not sure you’re going to be able to do much more than pay

lots of solicitors give 30 mins of free advice but to be honest isn’t it better to pay her and move on?

NMW and living wage apply - https://www.gov.uk/au-pairs-employment-law/au-pairs
pacakge or extras are irrevelant

There would be less 'snark' if your post stuck to facts. You haven't paid the legal minimum and now she wants redress. The gossip about her behaviour, perks such as massages isn't relevant. You should have terminated sooner if you weren't satisfied with her services. I'm not sure why you expect people to support you trying to fight this legally?

Connaught law they helped me take 70 year cleaner to court scheming witch!

Dud you check that she was elligible to work in the UK?
if do, I would just work out what you owe her and pay her (make sure you include holiday pay)
if not, you definitely need that lawyer!