6. BECOMING AN EMPLOYER
Questions and answers in this chapter describe the process of becoming an employer and what is good, safe employment practice.
What do I need to know about employing a member of staff or personal assistant ( PA)?
Employing a personal assistant ( PA) can be the way to get the most flexible package of support which suits you, because you choose who comes into your home to support you and exactly what they do. You can work with your care manager and local support service to sort out some of the more difficult things.
If you employ your own member of staff, you will have legal and other responsibilities. You need to be aware of, and comply with, these responsibilities (see Annex D).
You will also need to make sure that a police check, sometimes called an enhanced disclosure, is carried out on anyone you may wish to employ. This is done through Disclosure Scotland (the clearing house where criminal record checks are carried out under the Police Act 1997). Your local authority, local support service, and SPAEN (Scottish Personal Assistant Employers Network) can help you further (see Annex A for contact details).
How do I find people to employ?
The first step is to decide what kind of support you need and the number of PAs (experienced/part-time etc.) required to provide it. Your personal care plan will make clear the number of hours of support you need to meet your assessed needs.
Start by preparing a list of the tasks you want your staff to do. Then ask yourself what skills and personal qualities they will need to do those tasks properly. You will also need to think about what hours you would expect your staff to work.
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Decide what essential skills are needed, such as being a good listener, ability to take responsibility, ability to use initiative, ability to work unsupervised. If part of the job is to enable you to get out and about, you may need someone who can drive. Choose which criteria are desirable, for example, being a non smoker. If you think you will need more than one person, you might also consider whether they all need to have all these skills and qualities. |
When you have decided on the skills and personal qualities you are looking for, you need to decide how to go about finding the right people. You might find someone by word of mouth, by asking around amongst your friends and neighbours, or you could put a notice in a public place, such as a local Post Office, shop or college of further education, or advertise in a newspaper or in the job centre.
Advertising in job centres is free, but there is likely to be a charge for putting a notice in a shop window or in a newspaper. Local user-led support organisations may also have newsletters in which you can advertise.
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If you are placing an advertisement, you will need to: - describe briefly what the job involves;
- say how many hours per week you are offering;
- describe what kind of person you are looking for;
- give the rate of pay (usually hourly) and
- give a contact number or address.
You may prefer not to give your own address or telephone number at this stage, for security reasons. Your local support organisation or local area coordinator may let you use their address. Or, you could arrange with the Post Office to set up a P.O. Box. |
How do I decide how much to pay people?
You can ask people who are already employing people using self-directed support how much they pay or look at advertisements for similar jobs. You can also discuss rates of pay with your local authority. How much you can afford to pay will of course depend on your individual budget, but the amount should be enough for you to pay for the services you have been assessed as needing. If you cannot recruit anyone at the pay rates you are able to offer, you should discuss this with your local authority.
You may need to offer different rates of pay for different bits of the job. For example, you may find that you need to offer higher rates for evenings or weekends than for weekdays. Or you might have to pay more if you need someone with particular skills (for example driving) for some parts of the job. Details of the national minimum wage can be obtained from the National Minimum Wage helpline on 0845 6000 678.
Payroll services
Many people find it helpful to use a specialised payroll service. Such services may take on responsibility for paying wages, tax and National Insurance based on information supplied by you. For details of payroll services in your area ask your local authority, local support service or local area co-ordinator.
Do I need to prepare a job description?
Yes. A job description will help you set out clearly what the job is. It will help you to think through what sort of person you are looking for and to explain to applicants what the job involves. It will also be a record of what you expect from your employees, which will help if any difficulties arise.
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It may be helpful to start by saying what the job is for and how you expect your employees to fit into your life. You could use your personal care plan to help write a list of the main tasks. Remember to make it clear that you may sometimes need some flexibility so that they do a little more than what is listed in the job description. The job description should list: - the tasks your employee will be expected to do;
- essential and desirable skills;
- how often they are needed and likely variations; and
- anything else you will expect of your employee (for example, flexibility);
Your local support service may have useful fact sheets to help you prepare a job description, advertisement and shortlist from the people who reply. |
What information should I ask applicants to provide?
To help you decide who to invite for interview you will need to ask for information which will help you to decide. You should ask applicants to complete an application form, or ask for a letter saying why they want the job, with full details of where they have worked before. The fuller a picture of the applicant you can get now, the easier it will be to decide who to interview.
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If you are interviewing, you will need to: - go through the job description together;
- say how many hours per week you are offering and what variation there may be;
- prompt the person to describe relevant past experience and to say what they can offer the post;
- discuss what you would expect of a PA, such as flexibility, punctuality, confidentiality;
- discuss pay and conditions.
Your local support service may be able to train you on how to interview prospective staff. Organisations such as the Lothian Centre for Integrated Living ( LCIL) have useful fact sheets on how to prepare for interviews and the kinds of questions to ask. Alternatively, the Scottish Personal Assistant Employer's Network ( SPAEN) can give you advice. See Annex A for contact details. |
How do I get police checks done?
Doing a police check on a PA you want to employ is an important part of good recruitment practice which will help ensure your safety. Your council will pay for these checks, sometimes called enhanced disclosures, which are done through Disclosure Scotland. Your council will sometimes carry these out for you, or you can also ask for them to be done through some local support services.
The prospective PA should give their agreement to the information on the disclosure certificate being shared with the council. This helps them assess the level of risk to you if you wish to employ the person.
Police checks are covered in more detail in section 5 of the National guidance on self-directed support, see Annex B. You can also ask your council or local support service to go through things with you and they may have a fact sheet that is useful.
Will I need a contract with my employee(s)?
A contract of employment is made when the offer of employment is accepted. A written statement of main terms and conditions must be in place within 2 calendar months of starting work, but it is good practice to provide this as soon as possible.
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A statement of the main particulars of their work is essential. This is to make sure that both you and your PA have the same understanding and may be helpful if disagreements arise. The Department of Trade and Industry booklet PL81O, Contracts of Employment, is helpful, as is their booklet PL700, Written Statement of Employment Particulars (see Annex D). Alternatively, local support services have sample contracts and written statements and can discuss them with you. |
How can I get the best from my staff?
Local support services are able to train you and offer ongoing support. Your local authority should pay for this training as it is essential for the success of your support package.
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Training will cover how to make the best of interpersonal relationships, sometimes called 'soft' skills. For example learning how to: - discuss with your PAs how you like things done and listen and respond to any difficulties, questions or suggestions they may have;
- tell your PAs when they are doing well;
- tell your PAs straight away if you are not satisfied with any aspect of their work;
- deal with problems as they occur; and
- comply with employment legislation.
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If I employ staff, what legal responsibilities might I have?
You will find a summary of the type of legal responsibilities you are likely to have in Annex D. Every effort has been made to ensure that this information is accurate at the time of publication, but we advise you to check for yourself. Your local support service or SPAEN can help you further.
What can I do to protect my child?
Parents are understandably cautious about allowing someone to have close contact with their child. By carefully following up references, ensuring police checks are done, and by being alert to signs of distress in your child, parents can reduce the risk of abuse. Some useful publications are listed in Annex B and organisations such as Contact a Family Scotland can offer advice (see Annex A).
Can I employ a family member?
Close relatives cannot normally be employed to provide support services. This general position remains important because of the very different relationships that a person would have with an employee and a family member and the conflicts of interest that can result from employing a close relative.
Self-directed support is not meant to replace the help you get from your family and community. So you cannot use local authority funds to get a service from:
- your husband, wife or partner or
- close relatives or their partner or husband or wife.
You should discuss your situation with the local authority if you think that any person you would like to employ or buy services from might be in one of these categories. In exceptional circumstances, your local authority may be prepared to consider allowing you to use self-directed support to pay a close relative.
Alternatively, if you are receiving money from the Independent Living Fund ( ILF) it may be possible to use this part of your overall budget to employ a close relative. You will need to discuss this with your care manager.