Responsibilities of having an employed Personal Assistant (P.A.) - that is being an employer.  

People are given many rights in law to prevent them from being taken advantage of at work. See also below links for extra guidance about responsibilities of being an employer 

www.skillsforcare.org.uk/Employing-your-own-care-and-support/Information-for-individual-employers/Information-for-individual-employers.aspx 

www.gov.uk/employing-staff 

www.disabilitytaxguide.org.uk/Employment-law/ 

https://www.acas.org.uk/advice 

Below are the main responsibilities  

• Ensure the person has the right to work in UK 
• Recruit fairly 
• Ensure a contract of employment 
• Ensure health and safety 
• Pay wages  
• Registering as an employer with Tax (HMRC)  
• Get insurance- (Employers liability insurance)  

RIGHT TO WORK IN UK- 

It is the employer's responsibility to ensure any potential P.A. has a right to work in UK otherwise could be liable for penalties. If required check guidance www.gov.uk/check-job-applicant-right-to-work 

RECRUIT FAIRLY- 

Generally, you must make sure that this is fair, and you do not discriminate against anyone on the grounds of protected characteristics, for example, their age, race, gender or sexual orientation. 

There are however certain defined exceptions in the Equality Act 2010, known as occupational requirements. That is due to nature of the job it can only be performed by man or woman or other protected characteristics. 

ACAS has a useful booklet called ‘Delivering equality and diversity’ - the section on recruitment and selection is particularly helpful. You can also call ACAS on 0300 123 1100 for free and confidential advice. 

CONTRACT- 

For each person that you employ you must have an agreement, also called a ‘contract of employment’, between you and them so that you are both clear about each other’s responsibilities. 

This is important because it gives details of employment rights, responsibilities and duties - these are called the ‘terms’ of the contract. Such as hours, wages, notice period, holiday and sick pay. 

You should send two signed copies of the contract of employment to your new personal assistant and ask them to sign both. They keep one copy and send the other one back to you. 

You must not ask your personal assistant to work an average of more than 48 hours per week, unless they have given their voluntary consent to ‘opt-out’ in writing. 

You need the contract legally from day one of employment

You can use our two example templates (attached to this page) for your PA employment contract for permanent hours or casual hours (or zero hours). However, there's more detailed advice and examples on the ACAS and Skills For Care websites.

HEALTH AND SAFETY- 

You have a legal responsibility to make sure that your PA remains safe and healthy whilst doing their job. 

As an employer you must: 

• carry out risk assessments on your home, including around your pets that you keep 
• think about any training that your personal assistant(s) need 
• tell your personal assistant(s) about health and safety, including fire safety 
• record (and possibly report) any accidents that take place in your home 
• take out employer’s liability insurance. 

If you employ five or more people you will need a health and safety policy. 

Visit the Health and Safety Executive website for free guidance and support, including a model policy. 

Download a sample ‘Safety in the home checklist’ and ‘Risk assessment’ template. 

WAGES- 

You can do this yourself or use a payroll scheme, such as a local accountant (see employment resources link) You must pay at least the National Minimum wage regularly (our Direct Payment rate is already above this), ensure tax is paid and ensure statutory pay (holiday, maternity, paternity pay, sick pay etc.) for your PA. Payroll help with this and there is enough in Direct Payment monies given for this. 

You must also consider if they are eligible for a pension, your payroll can help. Please also see link http://www.thepensionsregulator.gov.uk/en/employers 

REGISTERING- 

As an employer, one of the main things you may need to do is register with HMRC as an employer so that a PAYE (pay as you earn) system can be set up. The main purpose of the PAYE system is for employers to collect tax and National Insurance (NIC) from their employees’ wages on behalf of HMRC and this is done as part of running a 'payroll'.  

INSURANCE- 

You must get Employers’ Liability insurance as soon as you become an employer - your policy must cover you for at least £5 million and come from an authorised insurer. (see employer link) 

This insurance protects you and your personal assistant. It will help you pay compensation if an employee is injured or becomes ill because of the work they do for you. 

Some insurance companies offer free legal advice for any issues with employment, we strongly recommend this.