Introduction to Employer Responsibilities

Becoming a PA employer involves considering a significant amount of information. This can feel overwhelming, especially if people have several other commitments. It may not be as onerous a task as first anticipated though.

Introduction to Health and Safety

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Find out more about your legal duties as a PA Employer when it comes to health and safety, and how to complete a risk assessment.

Is being a PA Employer for me?

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Things to consider when deciding whether to employ Personal Assistants.

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.

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.

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.

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.

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.

PA Employers Employment Responsibilities

This outlines the types of responsibilities that PA Employers have towards their employees, covering the recruitment and on-going support of PAs, as well as the administration required as an employer.

PA Employment Status

Learn about the PA's employment status and why it is important to understand the basis of the relationship with the paid worker.

PAs’ Role in Helping to Administer Medication

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It might not always be appropriate for Personal Assistants to administer medicine and in many cases training by professionals is required which will be the responsibility of the employer but PAs have responsibilities here too.

Payroll services for PA Employers

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Find out what a payroll service is an how it can help you manage wages, holiday pay and other things when you employ a Personal Assistant.

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).

Personal Outcomes and PA Employers

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PA Employers are likely to identify their Personal Outcomes in their Personal Outcomes Plan (or Support Plan). These will focus on what’s important to the Employer and what they would like to achieve.

Protecting Vulnerable Groups (PVG): For PA Employers

Protecting Vulnerable Groups (PVG) is a membership scheme which makes sure its members are allowed to work with children or protected adults. Anyone who wants to work with children or vulnerable adults will need to have a PVG check first and become members of the scheme. PA Employers will need to request a PVG check for any new potential PAs they want to employ.

Redundancy for PAs

Outlining the rules and expectations on employers when they are considering making an employee redundant and an employees rights in relation to redundancy

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.

Smoking in a PA Employer’s Home

Advise for PA Employers and PAs about how to handle the issue of smoking in an employer's home

Thank you

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

The Law for PA Employers

When you become a PA Employer there are certain legal responsibilities that you take on. Whilst these might seem daunting at first, it is important to know that you can get a lot of support to understand these and to meet the responsibilities you have, from both an Independent Support organisation and your Council.

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.