Becoming an Employer

When you use Direct Payments to hire a Personal Assistant (PA), you are not just arranging support – you are also becoming an employer. This might sound a bit worrying at first, but you will not be left to manage it alone. There is clear guidance, and services are available to help you understand what to do and when.

As an employer, you have legal responsibilities under UK employment law. In practice, this means making sure your PA is paid correctly and on time, that you follow basic employment rules, and that you provide safe, fair working conditions. These steps protect both you and your PA, and help build a positive, respectful working relationship.

Support is available to guide you through each stage, from setting things up to dealing with everyday questions. You do not need to be an expert in the law – you just need to know the basics and know where to get help when you need it.

Pay your PA correctly and on time.
Follow UK employment rules and procedures.
Provide safe, fair working conditions.
Keep simple records of hours and pay.
Ask for advice and support when unsure.

Key Responsibilities as an Employer

When you use Direct Payments to employ a Personal Assistant (PA) at home, you become an employer in law. This brings some clear responsibilities. Below are the main duties explained in plain English, with simple, home-based examples.

1. Providing a Written Employment Contract

What this means: You must give your PA a written statement of their main terms and conditions within two months of them starting work.
What to include: Job title and duties, hours of work, pay rate, how and when they are paid, holiday entitlement, notice periods, and where they will work (for example, your home address).
Example: You agree that your PA will work 10 hours a week at £12 per hour, paid monthly into their bank account, mainly in your home. You put this in a simple written contract and both of you sign it.

2. Paying Wages Correctly

Minimum wage: You must pay at least the National Minimum Wage or National Living Wage, depending on your PA’s age. You cannot pay less, even if they agree.
Using payroll: Usually you will register as an employer with HMRC and use a payroll service (often funded through Direct Payments) to calculate tax, National Insurance and any pension contributions.
Example: Your PA is over 23, so you check the current National Living Wage rate and make sure your hourly rate is at or above this. Your payroll provider tells you how much to transfer to your PA and how much tax/NI they will pay.

Holiday Pay

What this means: Your PA is entitled to paid annual leave. Most PAs get at least 5.6 weeks’ paid holiday per year, pro‑rata for part‑time hours.
Example: Your PA works 10 hours a week. You agree they can take their holiday as paid time off, and your payroll service helps you work out how many paid hours of holiday they get each year.

Sick Pay (Where Applicable)

Statutory Sick Pay (SSP): If your PA meets the legal rules (for example, earnings and length of sickness), you may need to pay SSP when they are off sick.
Example: Your PA is off sick for more than three days. You contact your payroll provider, who checks if SSP is due and tells you how much to pay.

3. Keeping Basic Employment Records

What to keep: Timesheets or records of hours worked, pay slips, holiday taken, sickness, and the employment contract.
How to store: Keep records safely and confidentially, either in a locked folder or secure digital file, for the required number of years (usually at least three).
Example: Each week your PA signs a timesheet showing the hours they worked. You keep these with copies of their payslips in a labelled folder.

4. Following Working Time Rules

Rest breaks: Your PA should have reasonable rest breaks during longer shifts and enough time off between shifts.
Weekly limits: In most cases, your PA should not work more than an average of 48 hours per week unless they have signed an opt‑out form.
Example: You plan your rota so your PA does not work very long shifts back‑to‑back and has at least 11 hours’ rest between evening and morning visits.

5. Providing a Safe Working Environment

Health and safety: You must take reasonable steps to make sure your home is safe for your PA to work in.
Risk assessment: Think about any risks, such as lifting, using equipment, pets, or slippery floors, and take simple steps to reduce them.
Training and information: Show your PA how to use any equipment safely (for example, hoists or wheelchairs) and explain any house rules that keep everyone safe.
Example: You move loose rugs that could cause trips, store cleaning products out of reach, and ask your PA to wear suitable footwear when helping you to move around.

Support services in your area, such as Direct Payment support organisations or payroll providers, can help you meet these responsibilities. However, the legal duties remain yours as the employer, so it is important to understand and follow them.

Employment Contracts and Paying Wages

When you hire a Personal Assistant (PA) using Direct Payments, you become an employer. An employment contract is a written agreement between you and your PA that sets out the terms of the job. It should clearly state the job role and main duties, regular working hours (including any sleep-ins or on-call time), the hourly pay rate, how and when wages are paid, holiday entitlement, sick pay arrangements, and notice periods if either of you wants to end the job. You can also include information about breaks, training, and any house rules that affect the PA’s work.

Having the contract in writing protects both you and your PA. It helps avoid misunderstandings, makes it easier to deal with problems fairly, and shows that you are taking your legal responsibilities seriously. A clear contract also reassures your PA that they will be treated properly and paid correctly.

Paying wages correctly starts with agreeing a fair hourly rate and checking that it meets or exceeds the current National Minimum Wage or National Living Wage for your PA’s age. If your PA earns over the HMRC thresholds, you will usually need to register as an employer and use PAYE (Pay As You Earn) to calculate and deduct tax and National Insurance from their wages. Many people use a payroll service or software to do this accurately. You must give your PA a payslip showing their gross pay, deductions, and net pay, and make sure wages are paid on the agreed date, every time. Paying on time and keeping good records is an important part of being a responsible employer.