As a Professional Deputy, you will deal with complex care needs and require teams of carers to support your client at home, often 24 hours a day. We provide contracts, consultancy agreements, policies and handbooks to specifically deal with hiring or employing carers in the home, including live-in carers.
Agencies can be convenient as they employ the carers directly and can provide cover if a carer leaves or is ill. If the quality of the care is good this may be a stress-free option. But if there are problems with some of the carers, you or your client’s family will have less control in dealing with this. Agencies are also more expensive than employing carers directly.
Employing carers can provide a higher standard of consistent care, from a smaller bank of employees, but employment and regulatory legislation must be followed. This will include setting up an auto enrolment pension, deducting National Insurance and income tax and ensuring that Working Times Regulations are followed in relation to the 48 hour working week and holiday.
It is difficult to use self-employed carers as the main carer since there will be a need for carers to work particular hours to cover specific care needs. This requires more control over a carer than is allowed for someone truly self-employed. This is likely to result in there being an employment relationship. Read Ten Top Tips To Avoid Consultants Becoming Employees.
However, if this person is just filling in as a back up to the main carer as and when needed while working for other clients, this would pass the criteria as to what constitutes self-employed status.
The self-employed carer will be responsible for paying their own tax and National insurance. They might have the right to substitute someone else to do the caring if they don’t want those hours as they should be able to turn down work. Substitution may not be a suitable or safe arrangement for your client. Even if the carer is self- employed they are still workers and entitled to holiday pay as they provide personal services.
We will guide you on the pros and cons of using agencies, directly employing or hiring self-employed workers so you can choose the best option. This will dictate the type of contract(s) you need us to prepare.
Our Employment Law solicitors can guide you on the most tax efficient and legally compliant way of contracting care services at home. We can also help you decide how to improve a current care at home package to make sure your client’s needs are being met.
Martin Searle Solicitors is the trading name of ms solicitors ltd, which is authorised and regulated by the Solicitors Regulation Authority, and is registered in England under company number 05067303.© 2021