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Employer Responsibilities

Employment law will apply to you as an employer and you must ensure that your process stays within the law. Below are some things you will need to consider and have a responsibility to apply when recruiting personal assistants. The Direct Payment Support Service is able to support and advise on each point. 

  • established job descriptions, job specifications, job adverts, preparing job application packs
  • the Personal Assistant’s conditions of service (rates of pay, hours, breaks) and role
  • what training is needed
  • what you will do when your Personal Assistant takes annual leave, is sick or needs other unplanned time off work
  • how to keep safe when advertising, interviewing, references and recruiting
  • criminal records check
  • employing people legally
  • employer’s liability insurance

Some may consider they are self employed, but it is the responsibility of the employer to operate PAYE and contribute to National Insurance Contributions. (unless the carer is engaged through an Agency or is clearly in business on their own account). 

The quickest way of getting HMRC's view if a carer is employed or self-employed is to use the Online Employment Status Indicator tool (ESI). If you are unable to use the Employment Status Indicator tool (ESI) and are unsure of the carers employment status you can telephone the HMRC Status Customer Service Team on 03000 527450 9.00am to 5.00pm, Monday to Friday, except bank holidays.

If you choose to use an agency the law says that care agencies must be registered with the Care Quality Commission. The Council strongly advises you to only use an agency that is registered.

 From 1 October 2021 for advice, information and guidance on direct payments Barrie Bookkeeping and Payroll Solutions and the service is free to residents of Worcestershire.