When you employ staff in the UK there are certain aspects of Employment Law which have to be complied with:
It is your duty to ensure that you only employ people who are legally entitled to work in the UK. If you are in any doubt about an employees work status Choices and Rights can carry out checks to ensure that your employ has the legal right to work in the UK. You should check the entitlement to work in the UK of every worker you plan to employ. If you fail to do this and employ someone who is found to be an illegal worker, you may face a civil penalty, an unlimited fine and/or a criminal conviction.
Legislation came into force in February 2008 that 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.
The law says that you must do some document checks and failure to do this may result in a fine.
We recommend that you have advice and support from the Direct Payments Support Service to do this.
If you want to manage this yourself instead, The Home Office Guidance document ‘Prevention of Illegal Working’ for employers will guide you with what you must do. You can get this from the Home Office helpline 0300 123 4699.
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.
You need to know that using a self-employed Personal Assistant may not be straightforward. HRMC have advised they would consider almost all Personal Assistants to be employed rather than self-employed for tax purposes. We suggest you seek further advice from us before proceeding with this option.
If you use a registered domiciliary agency this law does not apply to you.