Introduction to Employer Responsibilities

Becoming a PA Employer brings with it a lot of responsibilities, but there is also a lot of support to help you.

Here is a breakdown of each of the roles and responsibilities around employing PAs, and who can help.

Social Worker

The social worker has most important responsibility because, as soon as someone has been assessed as having an eligible need, the social worker has a duty of care to that person. The social worker will always be an integral part of whichever option a person chooses. They provide support with the care package including budgeting and reviewing needs. If the individual has a health condition which is deteriorating or improving, the social worker would review this on a regular basis and amend the package of care accordingly.

Managed Payroll Service

Many PA Employers choose to use a managed payroll service to help them take care of wages and payslips for PAs. A typical payroll service will register you as an employer, and your employees, with HMRC, process payslips, and arrange bank transfers of the PAs’ wages, arrange P60s and provide financial returns for the local authority (council). They may hold an account in your name as the employer, so you may not need to open a bank account. You can find a list of payroll providers in Scotland in the resource at the bottom of this page.

An Independent Support Organisation

Many local Independent Support Organisations can provide bespoke help and advice with being a PA Employer. They often cover every stage, from giving initial help and advice, to setting up paperwork, recruiting PAs and support with ongoing management of PAs. Find your local Independent Support Organisation by clicking ‘Find Help‘ at the top of this screen (or in the menu if you are using a mobile).

Indemnifier (insurance provider)

The indemnifier is the organisation that manages the insurance you are required to have as an employer. As well as an Independent Support Organisation, they can advise on constructing contracts for PAs. They will ensure PA holiday entitlement, disciplinary procedures, and other processes are all administered legally. Find out more about the insurance you need as a PA Employer in the link at the bottom of this page.

If you have to deal with any employment law issues with PAs, it’s very important to get legal advice first, and some insurance companies can help with this. You may wish to ensure that your insurance company also provides, as part of the policy with you, access to an employment law indemnity cover. This will provide access 24/7 to someone to speak with about any employment law issues concerning your PAs.

When speaking to your insurance company for advice it is important that you let them know everything about your situation as the advice they give will be based on the information you provide.

The PA Employer

The PA Employer has the remaining responsibility. This involves the daily management of and the relationship with staff. Independent Support Organisations can often help you with this too if you need advice or support.

Next steps

Take a look at the resources below.

Part of
Last Updated
10 January 2024
First Published
28 March 2022
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Please note that the information contained in this Handbook is provided for guidance purposes only. Every reasonable effort is made to make the information accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by Self Directed Support Scotland or any other contributing party.

The information does not, and is not intended to, amount to legal advice. You are strongly advised to obtain specific, personal and professional advice from a lawyer about employment law matters, or an accountant/ tax specialist about taxation matters, and from HMRC and your insurers. You should not rely solely on the information in this Handbook. Support organisations listed in this Handbook can help you find appropriate sources of advice.