Advice for employers
Employer & Personal Assistant Relationships
Health & Safety, Insurance and Police Checks
- Health & Safety
- Insurance
- Employers' Liability Insurance
- Public Liability Insurance
- Personal Accident Insurance
- Legal Costs Insurance
- Police Checks (Criminal Records Bureau)
- Police Checks for People Working With Children
Tax Office Information
When Things Do Not Work Out
Recruitment Information
More Resources
Employer & Personal Assistant Relationships
It is important to remember that the direct payment user/personal assistant relationship can be a very complex one. In most cases, it is a one-to-one relationship and on occasions can become very intense and personal. So we need to consider the needs of both parties. In order to guard against any upsets which might occur, we need to establish 'professional' boundaries. If both parties know exactly what their responsibilities are then there is less likely to be a problem.
It is important that both the disabled person and the PA are able to communicate openly with each other. Problems and misunderstandings are more likely to occur if people do not talk to each other and know where they stand. If, for example, your PA has smelly feet and it is causing you a problem how do you address it? Smoking can also be an issue; your PA may smoke and you don't. To avoid these kind of problems you need to establish a set of 'house rules' so both parties know where they stand.
Alternatively, you may have certain habits or eccentricities, which your PA might find offensive. In the event they need to be able to tell you in a way which does not jeopardise the working relationship.
Clear guidelines will help to eliminate such problems. You can write them down yourself at the start of the relationship or you can identify them as you go along. Either way it is important that both parties know exactly what the guidelines are and why they are there.
Privacy is another important consideration. On several levels your PA is going to know - more or less - everything you do. Often, the more you limit the assistance you have, the less choice you have in what you are able to do.
Alternatively, the more assistance you have the less privacy you have. Some people prefer to have the minimum of assistance because they are not prepared to lose their privacy while others involve their PAs in all their activities - financial affairs, social life etc. Here confidentiality is a key issue. If you choose the latter then you may make yourself more vulnerable. As a PA user you have to decide what is a comfortable balance.
There are bound to be personality clashes in the user/PA relationship. It can be particularly difficult when you have been employing someone for a long time and because of the nature of the relationship you have become quite friendly. When these clashes arise it is important that you have a set procedure with which to resolve them amicably without destroying that relationship.
Another problem for many PA users, particularly if they are new to employing their own staff, is learning how to delegate and telling people what to do and what not to do. In many cases PAs need to know what their responsibilities are without being told repeatedly. You don't want to have to tell your PA to do the washing up every time you have had a meal.
So for certain tasks you have to establish a set routine. Here a written checklist of the PA's tasks and responsibilities can be extremely helpful. If routine chores like 'watering the plants', 'walking the dog', 'washing the windows' are written down your PA will know exactly what they have to do and when.
For other daily tasks such as choice of meal or clothing the PA user will want direct control. Consequently it is important for users to decide when to delegate and when not to.
It is also important that users remember that PAs need to be respected as people and told when they are doing a good job. Such considerations can only strengthen and build a good working relationship. As disabled people, we know only too well how hurtful it is to have our humanity ignored or to be treated like an object. As a PA employer you will find that treating your PA with respect and letting them know they are valued, will get the best from them.
Good employment practice
Most findings show that fairness at work and good job performance goes hand in hand. An environment where people know they are getting equal pay, will not face discrimination or harassment, feel clear about their role and terms and conditions will help you to attract, motivate and retain staff.
Discrimination
In general you should not discriminate on the grounds of sex, race, disability and people who change their gender. Laws exist to stop this happening.
From December 1st 2003 it became illegal to discriminate against workers because of their sexual orientation, religion or similar belief, and in October 2006 it became illegal to discriminate on the grounds of age, which includes younger and older people.
Exceptions to these laws are few and you have to show a strong reason for making choices that go against these laws. For more information and help see contacts on ACAS and Equality Services (see Contacting ACAS)
This is not, for example, meant to stop you employing a female PA if you want to or someone who has a language skill you require you just need to be sure you are doing it legally. Your local direct payment support service will be able to help you with information about preventing discrimination. They should be able to help you with wording an advert when you need a specific requirement, like a female PA or, alternatively, you can contact ACAS who will be able to give you information and advice.
Health and Safety, Insurance and Police Checks
Health and Safety
It is your responsibility, as an employer, to make sure that your employees work safely and have a safe place to work in. It is also the responsibility of the Personal Assistant (PA) not to do anything, which might cause you themselves or others injury or harm. It is important to understand that health and safety is not just the responsibility of the employer but of their staff as well.
This is often a difficult area and communication is the key to success. There is a balance between the safety of the Personal Assistant and getting your needs met and there are laws that need careful interpretation to ensure that you and your employee are not putting each other at unnecessary risk. You must always take practical and reasonable steps to reduce risk in any activity where risk has been identified
At NCIL, we take the view that you are usually the best expert about the safest way to assist you in moving your own self and this should be at the centre of whatever arrangements are in place. If however you feel that you are unsure about the best way to be assisted to move or your needs have changed, then you may consider seeking the advice of a suitably experienced or qualified person. It's essential to remember that employing personal assistants is about having the support you need to live your own life.
As the employer, it is for you and your employees to work out a safe way for tasks to be undertaken, thus reducing risk to a minimum. This could include things like maintaining lifting equipment properly, appropriate training for your staff i.e. food hygiene certificate if their role involves preparing food for you, allowing sufficient time to undertake a task so you are not both rushed. Where you think there may be a risk doing a particular task, it is important that the risk is explored and you decide the safest way to do something. This is sometimes called risk assessment, but it simply means examining a task and establishing what tools and adjustments need to be made, if any, to make the outcome a safe and pleasant experience for all those involved. You should also have information in place for your PA’s in the case of an emergency so that they know what to do i.e. where is the first aid kit and do they know how to use it and where is the nearest phone.
It should not be for your local authority to decide how you deal with health and safety but if there was a risk that was identified in your care plan then your local authority should tell you about it so you can decide the best way to minimise the risk.
"As a general principle, local councils should avoid laying down health and safety policies for individual direct payment recipients."
(DOH guidance pg. 24)
"local councils should give recipients the results of any risk assessments"
(DOH guidance pg.24)
If you feel you would like some more information or need to ask a question about Health and Safety you can contact your local support service who may be able to help or phone the Health and Safety Executive (HSE) Infoline on 0845 345 0055 or look at their website, they have a section on information for small businesses.
Insurance
The first question that needs to be asked is "why do I need insurance when employing personal assistants"? The simple answer to this is that, as an employer you have a legal duty to insure against accidents or injury to your staff, or accidents or injury caused by them while they are at work for you.
Accidents can happen in a number of ways. For example, your PA might fall down the stairs while doing the housework. Alternatively, they might have an accident outside your house while doing your shopping. If they are involved in a car crash they might also injure someone else. Additionally, your PA might contract an illness, which they might feel is your responsibility - food poisoning, for example, contracted from eating food you have provided. In such cases, as their employer, you might be held responsible. Consequently, when employing a PA you must take out:
Employers' Liability Insurance
This will insure you against your PA having an accident or becoming ill while working for you, in cases where you might be held liable.
and:
Public Liability Insurance
This is needed to insure you against any damage or injury caused to someone else by you, or your PA while they are working for you.
You should also have good comprehensive house insurance to cover your property and its contents although this is not a requirement it is advisable. You might want to include cover for accidental damage. Sometimes PAs can damage your property.
Sometimes `Employer's Liability Insurance' and `Public Liability Insurance' can be included in a comprehensive household policy, however, many standard policies do not cover this, so check carefully.
Insurance can be quite expensive. Your funding agency might help you cover the cost. If you are getting Direct Payments, the local authority must include the cost of Employer's Liability Insurance in the amount it gives you. You should also shop around to get the best terms.
Other insurance you may want to consider might be;
Personal Accident Insurance
It is possible that your PA may inadvertently injure you, for example by spilling a scalding-hot drink on you. Employer's liability insurance will not cover this sort of injury. You can obtain personal accident insurance to cover misadventures of this kind, but this is likely to be very costly; we advise you to take specialist advice if you are thinking about this sort of insurance.
Legal Costs Insurance
If you find yourself in a dispute with your PA, it is possible that they could go to Employment Tribunal. Obtaining legal advice to defend yourself can be costly. There is free advice available from the Citizens Advice Bureau and ACAS but some employers would prefer to be able to use a solicitor. Some insurance policies cover you for some legal expenses and you should check when taking out a policy if it is included and how much you are covered for.
Insurance schemes for employers to pay for legal advice in these circumstances are expensive. However, it may be feasible for groups of employers to take out a joint policy and your local support service may be able to help with this. In some countries PA users employ their PAs through a co-operative and are able to take out a group insurance against legal costs. This may be an idea worth exploring with your local PASS or peer support group. NCIL will be looking into these areas further so check the home page and the newsletter for more information.
If you would like some independent advice about insurance you can contact the British Insurance Brokers Association.
Police Checks (Criminal Records Bureau)
In March 2002 the government introduced new rules in the National Care Standards which require every organisation who provides services to disabled people living in their own home, to check all of their employees with the Criminal Record Bureau. This is to check for any listed previous convictions for a Criminal offence.
As individual employers, Direct Payments users over 16 are not obliged to make these checks on their workers. However it might be advisable to make these checks to help you make decisions about the best people to employ as your personal assistant.
The way that the system works is that individuals need to contact a local organisation who can make the request for the information from the Criminal Records Bureau on their behalf.
Your local Social Services Department will certainly be able to do this or should make sure a simple process is in place. In some areas local voluntary organisations or the Direct Payments Support Schemes may be able to offer this support.
As information is passed through a third party you may not see the actual documents from the Bureau but you will get a report on the general nature of the information that the board has provided.
It is certainly good practice for the local authority to provide you with enough money in your direct payment for you to be able to reimburse your PA’s with the cost of a check and the Department of Health (DH) suggests in its guidance about direct payments, that this should be a consideration “the local authority may wish to consider the cost of the check... so that the Direct Payment user may reimburse successful candidates” DH guidance (pg.26)
Police Checks for people working with children.
If you are providing a service to a child the local authority has an obligation to offer a check for any person likely to be employed. Tell people as early as possible in the process that they will need to undergo such a check. The local authority can do the check on your behalf. (For more information see A parent's guide to Direct Payments DOH, Section 6).
You must remember that a CRB check should be just one way that you check that your staff are suitable to work with you and your family. CRB checks are useful but will only reveal relevant convictions up to the date the check was done. You should always take up references for anyone you wish to employ and always try and reduce the risk of putting yourself in a vulnerable position. Regular supervision of your workers is a good way of keeping track of what they are doing and how, and also an opportunity to voice any concerns you may have. If your PA is assisting you with personal correspondence and banking you should have simple procedures in place to protect your confidential and sensitive details and always have a probation period when you employ someone so if you are unhappy or concerned you have a much more straight forward way of stopping their employment with you in the early stages when you are getting to know them and the way in which they work.
Tax Office Information
There are several ways of paying your PA. Almost always however PA's are paid as employees. If your PA is to be your employee then you will need to contact the Inland Revenue to register as an Employer. You will be responsible for ensuring that the right amount of tax and National insurance is paid (Don’t worry, you should be able to get support with this from your local direct payment support service).
However if you choose to contract your PA as a self employed worker they will be responsible for paying their own tax and national insurance and they should issue you with an invoice at the end of every pay period for your records. You will also need to get some evidence from the tax office that your PA is registered as self employed for the job they are doing with you. If your PA has not registered with the Tax office and is not paying tax and National insurance you could be liable for their payments if you have not obtained evidence that your PA was registered self employed and they have not been issuing you with an invoice for your payments.
While it may sound attractive to have your PA on a self employed basis i.e. relieving the PA user of the responsibility, it has several drawbacks. It could give PA's the right to send someone in their place if they cannot come to work. It also means they have few employment rights.
HM Revenue and Customs produce a straight forward leaflet numbered IR56 which helps you find out if someone is employed or self-employed. You should follow the advice given in this leaflet.
The Inland Revenue (now called HM Revenue and Customs) can help you if you are unsure and there is a helpline below that you can ring for assistance.
Employers Helpline (HM Revenue and Customs)
Established employers
0845 714 3143 Mon – Fri 8am to 8pm
Sat & Sun 8am to 5pm.
Expert advice given to established employers on PAYE, NIC, Statutory Sick pay, Maternity Pay, Tax Credits, Stakeholder Pensions, Student Loan Repayments and construction industry
New Employers
0845 607 0143 Mon - Fri 8am to 8pm
Sat & Sun 8am to 5pm.
Expert advice given to new employers on PAYE, NIC, Statutory Sick pay, Maternity Pay, Tax Credits, Stakeholder Pensions, Student Loan Repayments and Construction Industry
Employer's Orderline (HM Revenue and Customs stationery) 0845 7 646 646
HM Revenue and Customs Textphone 0845 602 1380
You can get advice on many aspects of tax and National Insurance including Statutory Sick Pay (SSP) and Maternity Pay (SMP) from the above numbers you can also log onto the HM Revenue and Customs website and there is a link at the bottom of this page. They can put you in touch with your local Business Support Team who will have become more and more used to PA employers. They will often come out and support you with your particular support needs, they can also send you the following packs:
For the Simplified Deduction Scheme ask for a 'Domestic Scheme Starter Pack'. This should include a P16 'How to Fill in the Simplified Deduction Card' and a P16a 'Taking on a New Employee': (see Payroll schemes below)
For the Pay As You Earn Scheme (PAYE) you need a 'New Employer's Annual Pack'. Also ask for a copy of the 'Employer's further Guide to PAYE'.
Follow this link to the HM Revenue and Customs for more information www.hmrc.gov.uk
When things do not work out
This section gives you information and paperwork to assist you when things are not working and you need to take action to put things right.
When things are not working
From 1 October 2004, new statutory discipline and dismissal and grievance procedures were introduced. As an employer you need to make sure that you are aware of the new procedures and that you have reference to them in your employee contracts.
The idea of having a policy for grievances and disciplinary matters is that they can encourage sorting things out informally, through discussion, well before difficulties occur. They show you have been thinking about these things and have worked out a way of dealing with them. This can be reassuring to you and anyone you employ. As the relationship with a PA is such a close one, it is a good idea to include a list of the actions or behaviour you would consider so serious that it could result in summary (immediate) dismissal should gross misconduct occur. This will help your PA to know exactly where they stand and will it make it much easier for you in the event that you have a PA who behaves badly. (Contact ACAS for more information)
These documents are a real opportunity for you to establish the basis for a fruitful and productive relationship with your PA. As you become more experienced at employing PAs or as the law changes, you might want to refine your contract or code of conduct so it reflects your particular needs and way of working. (see clause in Contract of Employment)
Probationary Period
However good your interviewing skills are, the only way you really find out what someone is really like is when they start working for you. For this reason, it's a good idea to say at interview and in the contract, that the PA will initially be employed for a trial or probationary period. You should also say how long the probationary period is and the amount of notice required if either of you wish to terminate the contact. If you are both happy at the end of the trial period, the contract can be made permanent.
But if there are problems, discuss any concerns you have well before a PA's probationary period ends. It is easier to end the contract during the probationary period than once the contract has become permanent. If you decide to extend the probation period put your reasons and the time period in writing.
Supervision
Setting aside time to give your PA regular supervision can seem daunting, but really it's an investment in the creation of a good working relationship. See the time as an opportunity for you to learn from the PA what they are thinking about their role and for you to give your PA constructive feedback. Remember it's as important to say what is good about the way they work as well as identifying areas where you would like them to do things differently. Try and be as objective and specific as possible when describing any problems. Remember, a PA may be genuinely unaware of your concerns and welcome guidance on the matter.
For more information on when things are not working, probation and supervision please see the downloadable documents and some links in the More Resources section
Downloads
Disciplinary & Grievance Procedures and Practice
Recruitment Information
This section is to provide you with further information to give you ideas and techniques to help to get the most out of people applying to be your PA at interview. All of this information is to assist you to increase the probability of getting the right person for the job. You will be able to download these some helpful documents by clicking the links at the bottom of the page.
Job Descriptions
Before you even start to advertise or interview people you will need a job description. A job description is one way of ensuring that your PA knows exactly what their duties are. When you are looking for staff it will help them to know exactly what you are looking for and whether they wish to apply. You can write a job description using your personal assistant checklist or you may decide to make your job description into a letter which tells the personal assistant something about yourself as well as your personal needs. However you decide to word your job description it needs to be a clear description of what you need you PA to do and how you want to treated.
The document below will give you an example of a job description and some of the elements that you may want to include within in. Please use it and adapt it to your own personal needs.
Advertising
Once you have decided how to organise your personal assistance hours you need to advertise for staff. There are a number of places where you can place your advertisement. The local Job Centre (Job centre Plus) will place advertisements free of charge. Sometimes they provide cards for you to fill in. Local colleges' offices also provide a good opportunity for free advertising for staff.
Advertisements in local newspapers or journals are generally used by most people, but may be quite expensive. You can also place advertisements for PAs in local supermarkets and shops. They are relatively cheap and provide a good way of recruiting local people if that is what you are looking for. A recruitment agency is another way of advertising - but they are often expensive. Some Personal Assistance Support Schemes help with advertising for staff. If you have one locally, ask them if they do. You may also use our website using the contact us link
An advertisement for a PA should be brief and include information on:
- the type of work
- hours per week
- pay
- how to get in touch with you.
We suggest you do not display your address, only your telephone or a P.O Box number, or you may be able to use the address of your local direct payment support service. However, an advertisement could say the general area you live in.
Some individuals arrange with their local disabled people's organisation to receive the applications on their behalf to ensure that people do not have access to a home address. You may also find that your local organisations may have a notice board, website or newsletter where you could post an advert..
Once people start to reply you need to know more about them before you decide whom to employ. You can do this by sending them an application form, you need to think about having this prepared before you place your advert so you can send them out as quickly as possible.
Application forms
Whether to use an application form is a matter of personal preference. They can be useful in helping to get the most suitable people, but filling them out can discourage some potentially very good PAs from applying.
To get round this you may want to draw up a list of essential questions and ask people straight away. Many people find they can tell who is going to be completely unsuitable by talking to them on the phone. It is probably true to say that if you are looking for someone to work a high number of hours, or what amounts to a full time job then it might be best to use an application form.
You can use the information in your Job Description to help you write the form but we have given you some examples that you could use or adapt to meet your needs further down this page. You may also wish to put a closing date for return on the form or mention it on the advert, particularly if you are looking to employ someone quite urgently.
Interviewing
When your application forms are returned you can start to decide whom to interview. If you are talking to people on the phone you can decide who you want to interview there and then. Pick a day you want to put aside for the interviews and give them a time slot while they are on the phone.
Interviews sometimes cause anxiety both for you and for job seekers. You might consider having a friend or relative present at the interview to provide moral support. They can also help with questions and can provide a second opinion if you are unsure about whom to employ. Some direct payments support services will also offer support in these situations
You may want to make sure you include questions about skills you know you will need support around. For example, driving a car, or having good written or spoken English, working with children, if you want support reading. Skills with a computer might be important also. You can make your own list but you may want to include some mention of particular interests or activities you regularly take part in, or ask about the interests of the personal assistant, to check they will be comfortable working with you.
However, the key to good interviewing is to prepare well before the interview takes place. It is helpful to write down important questions and take notes of the applicant's answers on an Interview Checklist, we have provided and example of this below. This gives you an opportunity to look at people's responses once interviewing is over and will remind you what people have said.
You need to find out about people's attitude and ability, and you need to be sure that someone is right for you. As with the application stage, you should avoid unfair discrimination, but you can employ someone who suits your lifestyle. For instance as a woman, you may only want a female PA to undertake personal care; you may require a driver; you may need a BSL interpreter; if you are a lesbian or gay man you may want a lesbian or gay PA; you may require a PA who speaks the same language as yourself; or a PA who can attend a Mosque with you or who has worked with young people.
The important thing is to get as much information as possible at the interview in order to help you make the best decision. If you are unsure about what is unfair discrimination look at our section on equality or contact your local Direct Payment/ Personal Assistance Support Schemes who should be able to give you information (and often training) on good practice in interviews.
Keeping Records
Some of the financial and tax records you need to keep will depend on the requirements of the organisation(s) which fund your assistance and whether you operate your own payroll. Your Social Services Department will probably have records that have to be completed as a requirement of your continued funding. If you need support in maintaining these records it should form part of your assessment for Direct Payments. Your local support scheme will also advise you about this.
In addition, it is good practice to keep records for each PA on:
- Holiday entitlement and holiday leave
- Sick leave taken
- All correspondence between you and the PA
- A note of any problems discussed during supervision and action agreed.
It is a good idea to keep these records for some time.
Inland Revenue require you to keep PAYE records for 6 years after the tax year ends. If a PA goes to industrial tribunal you will need records for up to 6 months.
Rota sheets and work sheets provide employers with an opportunity to plan PA's work schedule and keep records. (see PA Rota) Many people make up their own system but you may use this as a guide.
Peer Support
Many Support Schemes offer opportunities for "peer support" - a way of getting support and advice from other PA employers. This can be one-to-one or in-groups. Talking over some of these management issues with others who have had similar experiences can help you to be a better employer. Together you can create the kind of support service you want.
To find out if there is a peer support group in your area, ask your direct payments support service. If there is no peer support in your area contact NCIL to discuss ways in which a group could be started.
Examples of paperwork to help you in this section can be found in the More Resources section
RUILS have developed an interactive web resource that even allows you to build a PA employment contract. Prices depend on how long you would want use the guide for www.employ-a-pa.co.uk .
More Resources
If you are unsure about any of the information in this section you should always check out what you are thinking of doing either with NCIL, your local direct payment support service or other suitably qualified organisation, some of which are listed below.
Useful information links to help you in this section:
- Contact ACAS
- Contact Citizens Advice Bureau
- Contact the British Insurance Brokers Association
- Contact Health and Safety Executive
- Contact the Criminal Records Bureau
Some useful documents: