Finishing with Being an Employer
There might be a number of reasons why someone no longer wants to be a Personal Assistant (PA) employer. This could because the employer’s circumstances have changed and they would prefer not to be an employer anymore, or their needs have changed and they require a different type of support. Whatever the reason might be, there are a number of things the PA Employer needs to be aware of and manage when bringing the PA’s employment to an end.
Changes to a PA Employer’s circumstances
It might be that a PA Employer’s circumstances have changed and they no longer wish to continue to be an employer. If this is the case, there are a number of things the PA employer needs to think about and plan for.
If the PA employer still needs care and support of some kind, but it would not be possible for their PA(s) to provide this support, then the PA employer may have to consider making their PA(s) redundant. This might happen if the PA employer has to go into residential care or a nursing home, or if they are moving away to another Local Authority (Council) area. There are specific rules about redundancy and the PA employer would need to check these first before making any decision.
The PA Employer changes Self-directed Support (SDS) Option
If the PA employer decided that they did not want to continue to be an employer and would prefer to change to another Option under SDS, for whatever reason, then there are other rules around employment that would have to be checked. For example, if the PA employer decided to choose an agency to provide their support, they may need to check if TUPE regulations apply. TUPE refers to the Transfer of Undertakings (Protection of Employment) Regulations 2006. This is where an employee may have the right to continue their employment, but for this to be transferred to another employer. This protects the employee’s rights and employment status. So for example in this case, where a PA employer has chosen an agency to provide their support instead, there will need to be a discussion to see if their PA employees have to be transferred to the employment of the agency and to continue to provide support to the PA employer.
Where a PA Employer becomes ill or passes away
There may be a situation where the PA employer becomes ill and is unable to continue to manage their PAs effectively, even with the support of other people. If this was the case, it might be possible to find someone else to take on the role of the PA employer, such as another family member or friend. The PA employer will need to have a discussion with their Local Authority (council) about this, as the Local Authority can only pay a direct payment to someone who is able to manage this effectively, even with appropriate support. If there was another person who was interested and able to become the PA employer, they may need the appropriate legal status to do this, such as being granted a Power of Attorney or Welfare and Financial Guardianship.
If the PA employer passes away, then their PA(s) employment comes to an end. In this situation, the rules around redundancy might apply and whoever is managing the PA employers estate will need to consider this question.
Take a look at the articles on ‘Redundancy’ and ‘What Happens if there’s a change in my Employer’s Status’ to guide you in more detail.