Factsheet: Checking employment status when using personal assistants
Summary
May 2026
This factsheet explains how to check the employment status of your personal assistant (PA).
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PA employment status checks
You may decide to use a personal assistant (PA) to provide care and support. This gives you more choice and control, but it can make you an employer.
Before your PA starts work, you must check if they need to be employed or self-employed.
What is employment status?
Employment status is a legal term. It refers to the type of working relationship someone has. Your PA will either be:
- employed by you (or by someone acting on your behalf), or
- self-employed
This matters because it affects:
- tax
- National Insurance
- your PA's rights
- what you must do as an employer
Who decides if your PA is employed or self-employed?
You or your PA cannot choose which employment status to use. It is based on your working arrangement. Even if your PA prefers to be self-employed, HM Revenue and Customs (HMRC) may not agree.
Your PA is likely to be ‘employed’ if:
- you tell them what work to do and when
- you check or manage their work
- they cannot send someone else (a substitute) to do the work in their place
- you pay them a regular wage through payroll
- you manage their tax and National Insurance
- you provide their equipment
- you pay holiday and sick pay
You can use the government’s ‘Check employment status for tax’ tool. It can help you check if your PA should be classed as employed or self-employed.
Employers’ liability insurance
If you employ your PA, you must have employers’ liability insurance. This is the law. You can choose any insurance provider.
If you get direct payments, we have agreed special insurance rates with Surewise. You can contact them on:
Phone: 01268 200 020
Get more information
Skills for Care have factsheets about using a PA on their website: Factsheets for individual employers
Independent Lives can also give advice to people who employ PAs:
- Visit the Independent Lives website
- Email: advice@independentlives.org
- Phone: 01903 219 482
See further leaflets and factsheets
Contact us to get printed copies of this factsheet, or any of the other leaflets or factsheets mentioned.
