The Law for PA Employers

You will have received a lot of information regarding the role and responsibilities of becoming a PA employer (see resources at the bottom of this page). This can feel overwhelming at times and you may feel it is too much to take on, especially if you have many other commitments in your life. However, there is support available from both an Independent Support organisation and your local authority (council).

When someone becomes a PA employer they will also have the support of their Employment Liability Insurer. It is important to follow their advice whenever this is provided. This will help to make sure that the employer follows the law as required.

There are certain things that a PA employer has to do, which cover such areas as:

  • Health and Safety
  • Recruitment and employment
  • Wages, Pensions, Tax and National Insurance
  • Training for PAs
  • Record keeping and GDPR
  • Using your SDS budget for the things you have agreed with your Council

Here is a list of a few things that a PA Employer has to do by law:

  • Register as an employer with HMRC
  • Purchase Employers Liability Insurance
  • Pay the wages, Tax, National Insurance and pension of each PA employee. (You can ask a payroll company to do this on your behalf)
  • Provide appropriate training for each PA(s) from an appropriate training provider. This is especially important if a PA is required to use equipment, such as a hoist, or give medication
  • Keep all relevant information and correspondence relating to the employment of any PA(s) confidential and secure
  • Undertake appropriate risk assessments on your property if the PA(s) supports you at home, as well as any risk assessments on any relevant activity that the PA will undertake in the home
  • Letting the Council know how you have spent your SDS budget and how this is meeting your needs
  • Issue a statement of particulars of employment on day 1

This is not a full list and it might be helpful to talk through relevant areas of the law for PA employers with an Independent Support Organisation or your Council.

The other things to be aware of as a PA employer is how you communicate and develop the relationship you have with your PA(s). The day-to-day relationship you have will make a big difference to how successful the support works for you.

Next steps

Take a look at the resources below on information regarding the role and responsibilities of becoming a PA employer.

Part of
Last Updated
03 August 2023
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.