Legal responsibilities and obligations part one
The information in this page gives a summary of the type of legal responsibilities you are likely to have. It is accurate at the time of writing, but you are strongly advised to check it for yourself, using the sources of information given.
Working time directive
In general, employees aged 18 and over are entitled to the following:
- 5.6 weeks’ holiday per year
- work no more than six days out of every seven or 12 out of every 14
- take a 20 minute break if their shift lasts for more than six hours
- work a maximum 48 hour average working week
Further information can be found at GOV.UK - working hours.
Illegal working
Employers have a legal responsibility to check that their workers are eligible to work in the UK before employment starts. As an employer, you are responsible for verifying the documents provided by the person you want to employ and must take a copy of the documentary evidence provided (e.g. passport, National Insurance number).
Further information and lists of documentary evidence to work in the UK are available from the UK Visas and Immigration.
The Disclosure and Barring Service Checks (DBS) – (previously CRB checks)
The local authority must ensure that the person is aware of how to access Disclosure and Barring Service Checks (DBS – previously CRB checks) on individuals they wish to employ, for example by ensuring that a check has been made by the agency providing the service, the local authority, or by another body. Individuals cannot apply for DBS checks on other individuals, and the local authority should make people aware of this, and the importance of thorough checks and employment references in the recruitment process.
As an employer, you should only arrange a DBS check on a successful job applicant. You can’t register directly with DBS. Instead, use an umbrella body:
Written statement of employment terms and conditions (contract)
Employees who are employed for one month or more must receive a written statement of employment terms and conditions (a contract) detailing information such as hours of work, rates of pay, annual leave, notice and disciplinary procedures. This must be issued to the employee within the first two months of employment. Employees should also have a job description and person specification.
Further information about employment paperwork can be found at ACAS or at GOV.UK employment contracts.
Minimum wage
You will need to ensure that the rate you pay your personal assistant(s) conforms to the requirements of the national minimum wage announced on 1st October each year.
Further information and rates are available at GOV.UK minimum wage rates or HM Revenue and Customs or via telephone: 0300 200 3300.