- Written by
- Elliott Flockhart, Solicitor
The UK government is planning to remove the exemption from the national minimum wage (NMW) that currently applies to domestic workers who live in the employer's family home and are treated as members of the family. The new regulations are expected to come into force on 1 April 2024.
The current exemption is intended to cover au pairs, nannies, and companions. However, the Low Pay Commission recommended in October 2021 that the exemption be removed, following an employment tribunal decision that the equivalent provision in the National Minimum Wage Regulations 1999 was indirectly discriminatory against women.
The new regulations will repeal Regulation 57(3) of the National Minimum Wage Regulations 2015, which currently provides for the exemption. The NMW exemption will continue to apply to actual members of the family in respect of domestic duties where the worker resides at home.
If you are a domestic worker who lives in your employer's family home and are treated as a member of the family, you will be entitled to the national minimum wage from 1 April 2024. This means that you will be paid at least the minimum hourly rate for your age.
You can find more information about your rights as a domestic worker on the government's website www.gov.uk.
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