Contents
Employing your own care and support
Your legal obligation as an employer
What should the contract of employment include?
Where can I get other information
Employing your own care and support
If you are a personal budget (PB) recipient and receiving money from your local council to pay towards the cost of your support, or if you are a personal health budget (PHB) recipient and receiving funding from the NHS, you will be able to choose how the total sum of money is spent and take as much control over your care in a way that best suits you.
Having a personal budget/personal health budget in the form of direct payments enables you to spend the money to purchase relevant services from service providers. One of the ways to increase your levels of independence is to employ care workers or other care professionals via care agencies or getting your own personal assistants (PA’s) who will assist you with day-to-day tasks, support you in your own home, preparing meals or support you to get out and about and staying active.
Your legal obligation as an employer
When you take on PA’s either privately or using a personal budget, you will be considered the employer and you have legal responsibilities towards your staff/PA’s. One of those obligations is to draw up a contract of employment.
The contract of employment is to be signed by you as the Employer and your PA as your employee. The contract of employment outlines what you expect from your PA and what your PA expects from you. You need to keep one signed copy for your records and give one signed copy to your PA.
You can use the below basic contract of employment if you wish or amend it. You can also use this example of contract if you are self-funder. You can seek further independent advice from your local support service. You can also get in touch with ACAS who provide advice to employers and employees: www.acas.org.uk
What should the contract of employment include?
Hiring PA’s and understanding your role as an employer can be challenging for the first time, therefore it is important to draw up a contract of employment that clearly explains the nature of the duties which you expect your PA to perform.
The contract of employment must state the following:
- The expected place of work
- The job title and duties of your PA
- The date of the commencement of the employment
- The wages of your PA
- The number of hours of work
- The statutory holiday entitlement and holiday pay
- The sick pay
- The pension scheme
- Disciplinary and grievance procedures
- Any other terms
An example employment contract is available to download at the at the end of this resource..
Where can I get other information
This factsheet gives a basic introduction to employment contracts. All out guidance and resources are free to download on our website at disabilityrightsuk.org.
You can find out more on contracts of employment on the ACAS website at http://www.acas.org.uk/index.aspx?articleid=1577 and on the Citizen's Advice website at www.adviceguide.org.uk/wales/work_w/work_rights_at_work_e/contracts_of_employment.htm.
For further help and information please contact our Advice Line- 0330 995 0404.
27 April 2017