ACAS
ARC
People using Direct Payments to employ a Personal Assistant will have legal responsibilities as an employer. It is up to them not to break these laws but there are many people who can give help and advice about being an employer and the laws. The local Council will be able to give advice and give details about who else can help locally.
For those who are a P.A. or are considering being a P.A. there are legal rights as an employee. More details of these rights are below.
What are the legal rights of an employee?
All employers must obey the laws on employment. These laws include:- Providing payroll services which includes paying wages, tax and National Insurance. For more information click here.
Employees must be given a written document giving the main terms and conditions of their employment. This is sometimes called a Contract of Employment. Business Link website has an interactive tool to produce a Contract of Employment. To go to the website click here.
Employees are legally entitled to a minimum number of holidays. For more information on Annual Leave Entitlement click here.
ACAS gives information on their website regarding the legal requirement for leave. Click here to go to the page which will explain about leave time or ring ACAS on their helpline 0845 607014.
You can start your holiday year whenever you like. It can be on the day when the P.A. starts working or you can have a fixed leave year. Business Link tells you how to calculate holiday entitlement part way through the holiday year. Click here to go to the website.
- Employees may be entitled to Statutory Sick Pay (SSP) if they are ill for more than 4 consecutive days. Click here to find out more about SSP.
- Employees have the right to work in a safe environment. It is the responsibility of the employer to ensure the health and safety of a P.A. If the P.A. is employed through an agency, it will be the agency's responsibility to safeguard the health and safety of the P.A. For more easy to read guidance on health and safety click here to go to the NCIL website or here to go to the Health and Safety Executive website.
Employees have certain rights for Statutory Maternity or Paternity leave, including time off work for ante natal care. To see more on the ACAS website click here.
It is the responsibility of the employer to check if the P.A. is legally allowed to work in this country. For more information click here to go to the Preventing Illegal Working page. For more details go to the Home Office website by clicking here.
There is a legal minimum period for notice of termination of employment. Employees have the right not to be unfairly dismissed. For more information click here to go to the ACAS website or here to go to the Business Link website.
Employers must have the appropriate insurance to cover their employees. Some household insurance policies include Employer's Liability as part of the cover. If additional insurance needs to be bought, the local Council will fund this as part of Direct Payments. Business Link has more information on Employer and Public Liability Insurance. To go to the Business Link website click here.
If the role as P.A. involves regular contact with the children of yor employer, you are legally required to have a CRB check. This canbearranged by your local authority. For more information on CRB disclosures click here.
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