Employing someone at home

Believe it or not, HMRC will consider you are the employer of a nanny, housekeeper, gardener or anyone else who works in your home if both the following criteria apply:

  • you hire them, and
  • they are not self-employed or paid through an agency.

If these criteria do apply this means you have certain responsibilities, like meeting the employee’s rights and deducting the right tax.

There are special rules for au pairs, who are not usually considered workers or employees.

You are classed as an employer if you pay a carer or personal assistant directly, even if you get money from your local council (‘direct payments’) or the NHS to pay for them.

Anyone you employ must:

  • have an employment contract
  • be given payslips
  • not work more than the maximum hours allowed per week
  • be paid at least the National Minimum Wage

If they meet the eligibility requirements, they are also entitled to things like:

  • Statutory Maternity Pay
  • Statutory Sick Pay
  • paid holiday
  • redundancy pay
  • a workplace pension

In effect, you would be treated as an employer and would need to comply with the usual obligations to register and apply the PAYE regulations.

If you are concerned that you may be affected we can help you set up and maintain the necessary payroll records.

Latest Blog
17
Feb

Small business stress and government response

A UK parliamentary report has been widely covered this week warning that small firms ...

Read More
12
Feb

Waiting until the year end to plan tax often costs more than it saves

Many business owners and individuals only think about tax when a deadline approaches ...

Read More
10
Feb

Reviewing pension contributions before 5 April

For many people, pensions are seen as something to think about later in life rather t...

Read More
03
Feb

Construction Industry Scheme – tackling fraud

Tackling fraud in the Construction Industry Scheme (CIS) was one of the measures addr...

Read More