Employing a Personal Assistant
from Money Carer
If you are using Direct Payments to hire your own Personal Assistants (PAs) for care or support, it’s essential to understand your responsibilities as an employer. This page will help you ensure you meet all your legal obligations and create a positive working environment for your employees.
1. Wage Rates
As an employer, you must pay your Personal Assistants at least the National Minimum Wage (NMW) or National Living Wage (NLW), depending on their age:
- Workers aged 23 and over: £10.42 per hour (National Living Wage)
- Workers aged 21–22: £10.18 per hour
- Workers aged 18–20: £7.49 per hour
- Apprentices: £5.28 per hour
2. HCMR Requirements
As an employer, you need to register with HMRC (HM Revenue & Customs) to ensure you comply with tax and National Insurance (NI) obligations. Your responsibilities include:
- Tax and National Insurance deductions: You must deduct Income Tax and National Insurance contributions from your PA’s wages.
- Employer’s National Insurance: If your employee earns more than £190 a week, you will need to pay Employer’s National Insurance contributions.
- Real-Time Information (RTI): You must report employee payments to HMRC through the PAYE system each time you pay your PA.
3. Payroll Maintenance
Managing payroll involves several key tasks:
- Paying your PA: You can hire a payroll service or use payroll software to calculate wages, tax, and NI deductions.
- Payslips: You must provide your PA with a payslip every payday, detailing
their wages and deductions. - Pensions: If your PA earns more than £10,000 a year, you are legally required to enrol them in a workplace pension (see Pensions section for
details).
4. DBS Checks (Disclosure and Barring Service)
To safeguard vulnerable individuals, it is highly recommended to carry out a DBS check on your PA before employment.
Standard and Enhanced DBS checks can be requested through a third-party organisation.
A DBS check helps to ensure that the person you hire has no criminal record that would make them unsuitable for working in a care environment.
5. Pension Service
If your PA earns more than £10,000 per year, you must automatically enrol them in a workplace pension scheme. This is known as auto-enrolment, and you have the following obligations:
- Provide a pension scheme: You can choose a pension provider, such as NEST (National Employment Savings Trust).
- Employer contributions: You must contribute a minimum of 3% of the PA’s eligible earnings into the pension.
- Employee contributions: Your PA will contribute at least 5% from their salary unless they opt out.
6. Contract Management
It is essential to provide your PA with a written employment contract, which clearly outlines:
- Job description: Define their role and responsibilities.
- Working hours: Specify how many hours per week they will work.
- Pay details: State their wages, pay frequency, and method of payment.
- Holiday entitlement: Employees are entitled to at least 5.6 weeks of paid holiday each year (including bank holidays).
- Sick leave: Outline how Statutory Sick Pay (SSP) applies if your PA becomes unwell.
- Notice period: Indicate the notice period for both parties if employment is to be terminated.
7. Training of Personal Assistants
Providing appropriate training for your PA is vital to ensure they can deliver the care and support you need. Some key areas for training include:
- Moving and handling: Training on safely moving individuals if this is part of their role.
- Health and safety: Basic safety practices, including first aid and infection control.
- Specialist care: If required, your PA may need training on specific conditions or care techniques.
- Induction and ongoing training: Providing a comprehensive induction and opportunities for your PA to develop their skills is good practice.
8. Insurance Liabilities
As an employer, you are legally required to have Employers’ Liability Insurance. This insurance covers:
- Accidents and injuries: Should your PA have an accident or injury at work, the insurance will cover claims made against you.
- Legal protection: The insurance can help cover legal costs if your PA takes legal action due to a workplace issue.
Final Tips for Being a Good Employer
- Communication: Maintain open and clear communication with your PA to ensure a positive working relationship.
- Respect and recognition: Treat your PA with respect, recognizing their contribution to your care or support.
- Regular feedback: Provide constructive feedback and create an environment where your PA feels comfortable discussing any concerns or suggestions.
