Gov.UK contains some updated guidance on the employment status of someone taken on to work in the employer’s home.
This includes:
- Nannies
- Housekeepers
- Gardeners
- Carers and personal assistants, and
- Au pairs
This deals with employment rights that must be given to such workers (who may be an employee if they have an employment contract that is with the employer). Workers that are truly self-employed or hired through an employment agency do not have employment rights.
This guidance is clear on the employer’s responsibilities and is worth referring to if this applies.
For Bookkeepers
There are three employment statuses in the UK but employers are only concerned about employment rights if the status is that of worker or employee. An employee is automatically a worker; however, a worker need not be an employee if they are not working under a contract of employment.
The updated guidance on Gov.UK says that employers need to be aware of the employment status and, having determined this, ensure the correct employment rights are applied, for example:
- Payment at the National Minimum / Living Wage (workers and employees)
- The right to a payslip (workers and employees)
- Maximum weekly working hours (workers and employees)
- Auto-Enrolment / Re-enrolment (workers and employees)
- Statutory Sick Pay (employees only)
- Child-related Statutory payments (employees), and
- Statutory Redundancy Pay (employees)
Agency workers are tricky ones and may be self-employed, workers or employees depending on the nature of the working relationship!
Note that this guidance refers to employment status in Great Britain which is not, currently, the same in Northen Ireland.
