Direct Payments Factsheet
B3: Employing people legally
Legislation that came into force in February 2008 requires you, as an employer, to make basic checks with every person you are considering employing to confirm that they can legally work in the United Kingdom.
Employed personal assistants:
The law mandates that you must conduct some document checks, and failure to do so may result in a fine.
We recommend that you seek advice and support from the Direct Payments Support Service to ensure compliance.
If you prefer to manage this yourself, the Home Office Guidance document ‘Right to works checks: an employer’s guide’ will tell you what need to do and why you must conduct the checks. You can visit; https://www.gov.uk/government/publications/right-to-work-checks-employers-guide or to obtain this from the Home Office helpline at 0300 790 6268 or you can email enquiries@homeoffice.gov.uk
You must complete these checks before anyone starts working for you. You can offer them employment once the checks are completed, and you are satisfied they can work in the United Kingdom. You must not employ anyone who is not legally able to work in the United Kingdom.
Self-employed personal assistants:
If you decide to contract services from a self-employed personal assistant, they are responsible for ensuring they have the right to work in the UK. Unless you engage with self-employed personal assistants through a vetting platform you must still verify their right to work before you use the direct payment to pay for their services.
Here are some steps you should take:
- Request documentation: Ask the self-employed personal assistant to provide proof of their right to work in the UK, such as a passport, visa, or other relevant documents.
- Verify Documents: Check the authenticity of the documents provided. Ensure that the documents are valid and belong to the person presenting them.
- Keep Records: Make and keep copies of the documents for your records. This can help protect you in case of any future disputes or checks.
Providers:
If you use a registered domiciliary agency this law does not apply to you. North Yorkshire Council recommend that you ask the agency if they carry out these employment checks.
