Employing or providing Personal Assistants a legal perspective

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Employing or providing Personal Assistants- a
legal perspective

• Jeremy Allin
• Partner, Lester Aldridge LLP

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Employing or providing Personal Assistants- a
legal perspective

• Points to be covered
• Options for achieving independent living
• Advantages and Disadvantages of becoming an
  employer
• The legal requirements and challenges for
  becoming an employer

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Achieving Independent Living

• Personal Assistants provided by
• Social Services
• Care Agencies
• Employing direct and becoming an employer

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Advantages of becoming an employer

• Advantages include
• Cheaper
• Same person
• Independence
• Friendship
• Help when needed

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Advantages of becoming an employer

• And control

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Disadvantages of becoming an employer

• the Law!

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Legal Requirements

• Insurance Public Liability and Employers
  Liability
• Tax Register as an employer and PAYE
• Statutory Sick Pay
• Discrimination (from recruitment to employment)
• Family friendly rights (maternity/adoption/paterni
  ty leave and pay, time off for dependents,
  flexible working)
• Working Time Regulations (holidays and amount of
  hours, breaks)
• National minimum wage
• Health and Safety
• Employment Contracts and records
• Pension Scheme (stakeholder)

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Legal Requirements

• And when things go wrong dismissals (including
  redundancy), disciplinary actions and tribunals

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Practical Issues

• Possibility of abuse
• Police checks (CRB and POVA)
• Paperwork and records
• Legal insurance

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• Jeremy Allin
• Partner, Lester Aldridge LLP