What is an Individual Employer and their roles and responsibilities?

What is an Individual Employer?

When you hire a Personal Assistant, you become their employer. Typically, you fund this via a Direct Payments after you have met assessed eligible needs, an NHS health budget, your own money, or a mix.

Your Personal Assistant will help with care and daily needs. Funding support is available for both of you, please see How do I pay for my Personal Assistant.

Before you start receiving payments, it is important that you understand your responsibilities as an employer.

What are the Roles and Responsibilities of an Individual Employer?

Hiring a Personal Assistant means taking on important duties. Ignoring rules can lead to HMRC investigations and legal problems.

You would be responsible for:

• Finding and hiring your own staff
  You must write the job description, post an ad, choose candidates to interview, and ask them questions.
• Following the law when you employ staff
  You must check who they are, their references, and get DBS checks. Treat everyone fairly and equally.
• Checking that your staff can work in the UK
  Check where they are from. Do they have permission to work in the UK? If they need it, do they have a visa or work permit?
• Paying your staff a fair amount
  which is the same or more than the minimum wage. You must agree on their hourly or monthly pay. Then, you must track their hours and pay them. Finally, pay them on time and in full.
• Giving your staff a contract
  You must give them a document that states key job details. Include their work hours, job duties, pay, days off, notice period, and rules.
• Finding someone else to help you when your staff are not working
  You must plan and find another way to get support. You could hire another assistant, use an agency, or ask family or friends for help. Sometimes this is referred to as your contingency.
• Keeping your staff safe and healthy when they work for you
  Check for risks. Ensure their workplace is safe and comfortable. Provide any needed training or equipment. Report any injuries. You must fill out a risk assessment to protect you and your Assistant.

As an employer it is important that you keep the following records:

• A copy of any signed contracts and job descriptions.
• Copies of pay slips.
• Details of annual leave taken and your Personal Assistants remaining annual leave entitlement.
• Details of periods of sickness.
• Details of payroll costs.
• HMRC payment book or details of online payments.
• Evidence of employers' liability insurance.
• Any evidence relating to interviews and recruitment process.

Advice and templates:

Skills for care have a dedicated webpage to support Individual Employers. Here you can find a toolkit and templates to use for record keeping.

 Please visit the Skill for care website for further information.