Pensions and Auto-Enrolment (Workplace Pensions)

Automatic enrolment was introduced in stages from 2012. Every employer with at least one member of staff now has a responsibility for putting those who meet certain criteria into a workplace pension scheme and for contributing towards it. This includes those who employ a PA(s).

Contract of Employment for a PA

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This includes an example of the information that a PA Employer can include in a contract of employment for a PA.

Employers’ Liability Insurance for PA Employers

This article explains what Employers' Liability Insurance is, why PA Employers need it, and how to get it.

Annually Uprated Costs

There might be increases in the cost of certain things that a PA Employer would need to be aware of. A PA Employer can check on this themselves or they can ask a Payroll Company to do this for them.

Minimum hourly rate for PAs

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Each year, the Scottish Government sets the minimum hourly rate of pay for Personal Assistants who support adults. This article explains what the current national minimum rate of pay for PAs is.

National Minimum Wage and Statutory Payment Rates

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The National Minimum Wage rates apply to Personal Assistants who support children, or those employed privately by their employer. This article details the rates which apply from April 2024.

Exclusivity Clauses in Zero Hour Contracts

An exclusivity clause in a zero hours contract is when the employer prevents an employee from working for someone else, even though they themselves do not guarantee any hours of work. This article explains how this is relevant to PAs and PA Employers, and what to do next.

GDPR

The GDPR (General Data Protection Regulation) is concerned with respecting the rights of individuals when processing their personal information. A PA Employer has a range of responsibilities under GDPR in the way in which they store personal information about their PA.

Moving and Assisting Support

Many PA Employers will need support to enable them to move from one place to another, particularly when they are undertaking certain activities and at certain times of the day. For PAs supporting employers, it will be important that they are provided with appropriate training to enable them to do this safely.

Changing Your SDS Option

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Find out more about the different options you have for arranging your support. You can choose how much control and responsibility you want to take when it comes to arranging and managing your support.

Ending a PA’s Employment

If a PA Employer decides not to employ someone after their probationary period, there are certain things they need to do. If the PA Employer decides that they would like to bring someone's employment to an end, there are certain things they will need to do to make sure they comply with employment legislation. This covers areas such as giving PAs Notice and Dismissal.

Local Authority Agreements

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Find out more about the Direct Payment Agreement your Local Authority (council) will give you if you choose to receive a Direct Payment.

SDS Legislation and Statutory Guidance

SDS started with the passing of the Social Care (Self-directed Support) (Scotland) Act 2013, which was accompanied by Statutory Guidance. There has been further relevant legislation passed since then, including the Self-directed Support (Direct Payments) (Scotland) Regulations 2014.

PA Employer Forms and Templates

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There is a range of forms and templates that PA Employers can use to support them in their role. These resources include examples of employment contracts, interview checklists and example job descriptions.

Thank you

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To recognise the time and expertise that everyone has provided to enable this resource to be developed.

Disclaimer

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.