Information for Employers
For legal and employment law purposes you will become an ‘Employer’ and will be subject to all the legal responsibilities aligned with this, including for example payments to HMRC, pension contributions, liability for training costs, redundancy payments, unfair and wrongful dismissal claims etc. Your employers insurance provide information, support and advice on regarding your legal responsibilities.
You must give your employees a statement of employment or a written contract. This should highlight the location of the work; remuneration; period of notice etc. It is a legal requirement to have a written contract of employment between you and your member of staff. An example copy of this will be given to you by your PHB adviser.
You will need to carry out appropriate checks through references and Disclosure and Barring Service (DBS). DBS checks are compulsory for anyone who is providing care or support (who is not a close family member) to a child or an adult that lacks capacity or is vulnerable. You must contact the PHBSS to obtain a DBS check for any of your employees; the costs of the checks will be funded through your direct payment. DBS clearance must be renewed every 3 years in line with current DBS legislation.
You must protect any personal or sensitive data of all employees as defined in current data protection legislation. Employees’ personal information must be kept securely or on a system that is password protected and can only be used for the purpose of the employment. All personal information relating to an employee must be destroyed 1 year after the employment ends, and any information obtained for unsuccessful interviewees must be destroyed within 6 months. If you use PHBSS for payroll administration, all information held on their behalf for complying with any regulatory requirements or obligations to third parties, will be compliant with current Data Protection Legislation and will be held by them for 6 years after the employment ends.
It is not possible to employ self-employed personal assistants.
If driving is part of the employee’s duties, you must ensure that the employee is in possession of a full UK driving licence and that the vehicle being used complies with all government regulations for Tax and MOT. The employee must have appropriate and valid business insurance cover for the vehicle and any necessary safety equipment is maintained.
It’s important that all personal assistants have the training they need to be able to work as personal assistants, even if it is a family member that is being employed. The agreement with health states that the employer is responsible for ensuring that PAs have appropriate training and competency checks. Funding is included in the Personal Health Budget to pay for training and for PAs to be paid for their time spent undertaking training.
When you employ staff directly you must have employer’s liability insurance which includes public liability insurance to the value of £20m. This is to be with reputable insurers or underwriters with a minimum limit for any one claim of £5m (the limit to be increased from time to time as reasonably required by us). An allowance for these insurance policies is included within the Personal Health Budget.
Insurers:
The PHB account is audited every 3 months by the support service. If you hold a prepaid card account this will be done automatically and you don’t need to submit bank statements. If you use another bank account, you will need to send copies of the statements to phb@sefton.gov.uk
Anyone who has a PHB should keep any receipts or invoices for items or services purchased using the budget. These should be sent to phb@sefton.gov.uk to assist with the audit process.
It works like a bank card.
You can use it to pay for the services, equipment or facilities you use to meet your assessed needs.
Your Personal Health Budget will be paid onto a card.
You can check your balance via the telephone or internet.
The advisors can make payments on your behalf, you will just need to sign an authorisation form.
Newsletters
Safeguarding Document
GDPR document