Is an Au-Pair an Employee?

[nannynick]

Please see this thread over on the Childminders/Nannies/Au-Pairs board - Can my ex au-pair take legal action against me?

Especially interested in Flowerybeanbag's view on this one. Is an EU Au-Pair an employee?

Here

I don't know of any rules which say that for employment law purposes (as opposed to minimum wage, work permit etc), an au pair isn't an employee. It'll all depend on the arrangement I think.

Assuming she was an employee (and that might not be correct), and there was no written contract, she'd be entitled to one week's notice or reasonable notice, whichever is longer. After 8 weeks and as an au pair, a week (either paid or worked) should be fine.

I can see that she'd probably be entitled to some time off/paid holiday. At this time of night, I couldn't tell you what. Probably not the week paid she's looking for.

Sorry not very helpful. I expect someone who knows about au pairs will be able to give a better view.

We have researched this at length. According to ACAS an au pair is definitely an employee and by law must receive a written statement of employment within 8 weeks of starting. Please see www.universalaupairs.com/family/about_au_pairs__nannies.html where we explain this in detail and provide links to other useful sites.
Regards
Phil