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Employing your own PA offers greater flexibility and control, while also bringing some important legal responsibilities that come with being an employer.

Key points:

• You recruit and choose your own staff

• You manage hours, duties, and schedules

• You oversee payroll and record‑keeping

• You must follow employment law

• Support is available to help you manage it all

‍Learn about SDS Options →

CoWL: Self-Directed Support | Discover Your Options — Carers of West Lothian

SDS Scotland: The SDS Handbook - The SDS HandbookThe SDS Handbook

Things to consider before you start:

1. Understanding your role - take time to clearly understand what is expected of you as a PA employer.

2. Provide written employment information - your PA will be employed directly by you.

You must provide your PA with written details of their job, including the terms and conditions.
If you employ someone for more than one month, you must issue a written statement of employment within the first eight weeks of them starting work.

Becoming an Employer - https://www.gov.uk/employing-staff

A good job description helps you find the right PA and makes the role clear from the start.

Keep it simple and focus on the essentials: who you are, what support you need, when you need it, and any key requirements like driving or training. Include the main tasks, the hours, the pay, and the qualities you’re looking for, then explain how someone can apply.

Clear information helps people quickly see if the role is a good fit.'

You are welcome to use our template as a guide.

You must check that your PA has the legal right to work in the UK before they start employment. This is a legal requirement for all employers. You can do this by checking their original documents (such as a passport or birth certificate), or by using the official online Home Office Right to Work Checking Service.

➡️ Use the gov.uk online checking service here:
https://www.gov.uk/view-right-to-work [gov.uk]

It is strongly recommended that your PA joins the PVG Scheme, and it will soon become compulsory for PAs working in care roles.

Find out more: Protecting Vulnerable Groups (PVG) scheme – Protecting Vulnerable Groups (PVG) scheme - mygov.scot

The SSSC help ensure Scotland has trusted, skilled and confident social care workforce.
You can keep up to date with news, training, and sector guidance here:

• Website: www.sssc.uk.com

• News site: www.ssscnews.uk.com

• Telephone: 01382 346428

When you employ a PA, you must give them a written contract that sets out their role, working hours, and employment terms.

Be clear about how many hours you need each week, whether the times are fixed or flexible, and any expectations around holiday or sickness cover.

You will also need to confirm the hourly rate of pay, which should meet the Scottish Living Wage for Care Workers, and explain how and when your PA will be paid.

Having these details agreed in writing helps everyone understand the job and reduces confusion later on. Include training.

You can use our template as a guide to creating your own contracts.

You must pay your PA the agreed hourly rate. The direct payment you receive includes funding to allow you to pay your PA the minimum hourly rate for workers providing direct adult social care, currently £13.45 per hour. This is in line with the real Living Wage.

Learn more: Scottish Living Wage – https://scottishlivingwage.org/what-is-the-real-living-wage/

As an employer, you are also responsible for:

• Paying annual leave

• Paying National Insurance, if applicable

• Paying tax, if applicable

• Paying pension contributions, if applicable

• Providing a payslip every time your PA is paid

Many employers choose to use a bookkeeper or payroll service to manage these tasks for them.

You will need to register as an employer with HMRC.
You can do this up to 4 weeks before you pay your PA for the first time.                                      

You may wish to ask a bookkeeper or payroll service to support you with this process.

You must check whether you need to automatically enroll your PA into a workplace pension scheme.
A bookkeeper or payroll provider can assist you with this step.

All SDS Option 1 employers must have Employers’ Liability Insurance.

This protects both you and your Personal Assistant if they are injured or become ill as a result of their work.

Most employers also choose Public Liability Insurance for extra peace of mind.

Employers’ Liability Insurance is a legal requirement, and not having it can result in fines.

Many people in West Lothian use specialist PA employer providers such as Mark Bates Ltd or Fish Insurance, but you can choose any insurer that offers suitable cover. As soon as you employ a PA, you must arrange Employer’s Liability Insurance.

Providing training helps your PA feel confident and able to support you safely. This may include practical skills like moving and handling, first aid, or condition‑specific training, depending on your needs.

Training benefits both you and your PA by improving safety, consistency, and quality of support. Many employers build training into the role so their PA can learn, grow, and provide the best possible assistance.

Your SDS budget must be used responsibly and only for the support it has been agreed for.

You’ll need to keep simple records of spending, such as payslips, invoices, and receipts, so the council can monitor how the budget is being used.

Staying organised helps make sure your funds cover wages, employer costs, training, and insurance, and ensures your support package remains safe, transparent, and compliant.

It’s important to have a simple backup plan in case your PA is unwell, on holiday, or unable to work at short notice.

Thinking ahead about who can step in such as another PA, a relief PA, or a trusted family member helps make sure your essential support continues without interruption.

Having emergency contacts, basic instructions and alternative arrangements in place gives peace of mind and helps avoid last‑minute stress.

• PA Employer Guide

• Job Description template

• Interview question examples

• PA induction checklist

• Payroll services

• Insurance provider information

• CoWL SDS Handbook

Templates for employers and PAs - Templates | Acas