Employment Law

People using Direct Payments, personal budgets or individual budgets to employ a Personal Assistant will have legal responsibilities as an employer. It is up to them not to break these laws but there are many people who can give help and advice about being an employer and the laws. The local Council will be able to give advice and give details about who else can help locally.

For P.A.s or those who are considering being a P.A. there are legal rights as an employee. More details of these on the legal rights of an employee and legal responsibilities of an employer pages.

New pension requirements – Pension ACT 2008

All employers will be required to enrol employees in a qualifying pension scheme, making it easy and attractive for people to save for their own pensions. Employees can opt out if they do not wish to save. The new pensions requirements will be phased in from 2012. You will be informed when you are expected to set up the pension scheme.

Under the Pensions Act 2008, employers will be required to:
•    choose one or more qualifying pension schemes and register it or them with the Pensions Regulator;
•    enrol all employees aged from 22 up to the state retirement age who currently earn more than £5,035 a year;
•    ensure that a contribution of at least 8% of gross earnings between £5,035 and £33,540 a year is put into each enrolled employee’s pension, made up of:
– an employer contribution of at least 3% of gross earnings

For more information see the obligatory pension provision booklet ‘What employers need to know about their new duties

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