Each PA you employ should have a Contract of Employment, giving details of the Employee’s rights, responsibilities and duties. Once you are sure who you want to employ and have completed all the necessary checks, you and your Employee should each sign both copies, then you should each keep one. A template Contract of Employment is available here. For your reassurance, this has been reviewed by a legal representative, however, the Code of Conduct is for you to alter to your individual needs and requirements as an Employer
This will include the hours you want your PA to work. Remember, your PA must have regular rest periods in addition to holiday entitlement. Your PA is allowed.
Your PA should also not work more than 48 hours each week. You can ask your PA to sign a disclaimer stating that they are happy to work more than this in extreme circumstances but working more than 48 hours each week should not be the ‘norm’.
It is up to you to decide how much your PA will get paid, although Purple can support you. It is recommended that you do not pay your PA the full rate agreed by the referral organisation.
The difference between the rate agreed by the referral organisation and the rate that you pay your PA will cover holiday pay, Employer’s National Insurance and pension contributions (if applicable).
Your PA should be paid at least the National Minimum Wage(NMW)-see www.gov.uk website for all current and future rates.
You may decide on an initial rate of pay and increase the rate on successful completion of a probationary period. This should be included in costings, negotiated with your PA and added to their contract, and still be within the indicated hourly or weekly rate agreed by the referral organisation.
You are required to pay Statutory Sick Pay (SSP) to any Employee who is unable to work four or more days in a row (including non-working days) due to physical or mental illness or disablement. However, they must have told you that they are sick within the terms of their contract.
Please click on the link to find out the current amount of SSP employees can claim and eligibility https://www.gov.uk/statutory-sick-pay
SSP may not be included within your budget therefore if it is required you will need to contact the referral organisation for this extra payment.
Linked periods of sickness- www.gov.uk/statutory-sick-pay/eligibility
If you have regular periods of sickness, they may count as ‘linked’.
The Employee is no longer eligible for SSP if they have a continuous series of linked periods that lasts more than 3 years.
To be linked, the periods must:
Your PA is legally entitled to a minimum of 5.6 weeks of annual leave per year pro-rata (this is inclusive of Bank Holidays). If your PA works part-time or flexible hours, you may find it easier to calculate their holiday allowance in hours. For example, if your PA works 10 hours per week, they are entitled to 56hours of annual leave in total (including the Bank Holidays). If using Payment Services from Purple, your Payment Services Account Manager can assist you with this if you have any questions.
Purple has created a template for tracking and logging annual leave to help with your PAs receiving correct annual leave each year – Please click here to download (Annual leave record).
Your PAs can only claim payment for holiday for days they do not work. Your PAs should be advised at the start of their employment that they need to take their annual leave, or they will lose it at the end of the leave year.
For help with working out holiday entitlement, please use the government's calculation tool.
If your PA has been employed by you for at least 26 weeks when she tells you she is pregnant, it is likely that you will need to pay her maternity pay. If you are using a company such as Purple, you will need to check with your provider what her entitlement is, and she will need to give you her MATB1 form.
Employees can take up to 52 weeks for Statutory Maternity Pay (SMP), however only 39 weeks are payable. For the first six weeks, it is paid at 90 percent of the average weekly earnings. The following 33 weeks will be paid at the SMP rate or 90 per cent of the average weekly earnings, whichever is the lower. Please click to see the current SMP rate https://www.gov.uk/maternity-pay-leave/pay
Employees will normally be entitled to statutory redundancy pay if they have been working for an employer for two years or more.
Employees will receive:
Length of service is capped at 20 years
Please visit https://www.gov.uk/staff-redundant/redundancy-pay to see the current weekly capped and maximum total amount of statutory redundancy pay.
We strongly advise that you have redundancy payment cover within your Employer’s Liability Insurance – please check your policy as not all include this.
By law all Employers must provide a Pension Scheme for their Employees. There are specific rules for different types of workers but if your Employee is over 22 and earns above £10,000 each year you will need to have a Pension Scheme and make contributions towards your Employee’s pension. Employees can opt out, but this must be in writing. Employees earning less than this amount have a right to join a scheme if they request it. You can get further information on pensions and your obligations from the Pension Regulator’s website:
As an Employer, you are legally required to have Employer and Public Liability Insurance to cover you against liability for an Employee’s injury and will probably require a more comprehensive policy tailored to your need as an Employer. We recommend the higher level of cover which includes legal costs, tribunals and redundancy payments.
Some providers also have an Employment Law Helpline that you can access for free.
We do not recommend which provider you choose for your cover although we can assist you in making the choice. We do recommend, however, that you contact the organisations to discuss your specific requirements as an Employer to ensure you have the right policy to meet your needs.
For example, you’ll need to check if the cover includes insurance if your PAs will be supporting you with medication administration or other interventions such as PEG feeds.
The contact details for the main providers are:
Fish Insurane: www.fishinsurance.co.uk
Freephone: 0333 331 3990
Premier Care Insurance/Mark Bates: www.markbatesltd.com
Telephone: 01476 514478
Telephone: 01268 200020