Becoming an Employer

When a local authority sets out a care plan you will have the option of employing a personal assistant which often means you have to become an employer.

 

The individual that you use to provide care could be a family member or, a care professional. Either way if they are receiving payment from you, you will need to ensure you register as an employer.

 

What role to Disability Focus play in helping clients become employers?

Although we can’t help clients in terms of contracts between them and employees, we can help guide clients through the process of becoming an employer from notifying HMRC, setting up pensions, calculating holiday through to setting up and managing payroll processing.

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Some frequently asked questions about becoming an employer

What do I have to do to set up as an employer?

It is essential to set up a PAYE Scheme with HMRC ensuring that the correct deductions for Tax and National Insurance are made from your employees’ Gross Pay and that these deductions along with any employers National Insurance contributions are paid on time and in full to HMRC. In addition, you must notify HMRC if your employees didn’t work during any tax periods to avoid fines or penalties for Real Time Reporting.

All employers by law must have employer’s liability insurance cover of at least £5 million.

As an employer, what are my responsibilities?

A number of responsibilities are deemed as essential when employing someone as a carer.

  • You will need to issue your employee with a contract of employment.
  • You must provide your employee with a payslip each time you pay them.
  • As an employer, you must ensure that your employees are paid at least the National Minimum Wage. You can of course pay above that amount providing it does not exceed the hourly rate set out within your care plan.
How do I calculate how much holiday my carer is entitled to?

A minimum of 5.6 weeks paid holiday per year is a statutory right for all employees in the UK. Employees who work part-time are entitled to 5.6 weeks pro-rata.

We help clients calculate this when setting up payroll.

What are statutory payments?

Employers have a duty to administer Statutory Payments for their employees whether this is Statutory Maternity, Adoption or Paternity Pay if they are eligible.

Disability Focus can submit a claim to HMRC on your behalf to recoup some or all the monies paid to your employee for a Statutory Payment to reimburse your funded account if the amount is not offset against Tax and National insurance for your payroll.

Can my employee get sick pay if they are too ill to work?

An employee who has earnt on average £123 per week and has been off work for four or more days continuously is entitled to Statutory Sick Pay (SSP).

How can I find out more about tax?

Follow this link to HMRC website which will answer all your questions about tax.

What about pensions?

Government legislation now requires all employers (including service users) to set up and manage a pension scheme for all of their employees – referred to as Workplace Pensions & Auto Enrolment. Setting up a pension scheme includes:

  • Assessment of workforce
  • Set up of a Pension scheme (if required)
  • Register Pension scheme with The Pensions Regulator
  • Produce statutory letter to workers
  • Assess and enrol workers accordingly
  • Manage workers opt in/opt out requests
  • Calculate and deduct workers and employer’s contributions
  • Make payments to pensions scheme on behalf of employer (managed account only)
  • Maintain statutory records

Follow this link to NEST website which will answer all your questions about Work Place Pensions & Auto Enrolment.

What is best, a net or gross wage agreement?

The gross wage is the amount of pay generated before tax and National Insurance contributions are deducted. The net wage will be the amount your employee actually receives after Tax and National Insurance has been deducted.

Disability Focus strongly recommend that employers make a gross pay agreement with their employees to protect and manage the total employment costs.

 

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