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I have employed my own Carers for 16 years, which I do through the, "Direct Payment Scheme." Although I have been doing this for many years I am not an authority on the matter. It's a bit of a Post Code Lottery, as different areas have different rules; I can only write from my personal experiences.
Q. What is the Direct Payment Scheme?
A. It was set up by the Government to allow people the right to manage their own care. The Government actively encourage Local Authorities to use Direct Payment, so by law they must provide a Duty of Care to a disabled person. They are often reluctant to do this, so you may need to fight your corner. If your Social Services refuse to help, contacting your MP can be beneficial.
Once you have obtained your rights, your local Social Services will work out the number of hours of care you need. Obviously, the Social Services will try to avoid their legal responsibility by refusing your request, or cut this down to a bare minimum so it is advisable to write out your own care plan.
Due to my high level of injury I require 24 x 7 care, this is why I employ Live-In Carers, but some Clients may not require or wish for that much care.
Depending on your level of injury and what amount of care you consider you require your care plan must be extremely detailed. Start from the beginning of your day and itemising every task that needs doing for you throughout the day, including the length of time it takes to do that task. Even the simplest tasks must be included, an example being, "Making me a cup of coffee = 10 minutes." If you make out your own care plan you will stand a better chance of getting the correct funding to suit your disability.
Q. How does the funding work?
A. Once your total funding has been assessed correctly, Direct Payments can be used by you to employ your own Carers. Your local Social Services will only fund part of this care, they will also approach the Independent living Fund for part of the money, plus you may have to contribute, this is ‘Means Tested’ and depends on your income and savings. Of course ILF funding isn’t always easy to obtain, as certain criteria have to be met.
If you still wish to manage your own care using this method you will have to open an Internet Bank Account, which is solely for the purpose of paying your Carers, plus other related expenses, such as Advertising for Carers, paying someone to do your Payroll, Employer Liability Insurance etc.
My Social Services, plus the I LF transfer their contributions into my Care Account every 4th week; I transfer my contribution on a weekly basis. Once this is set up and you start to employ Carers, you then become an ‘Employer’ with all the responsibilities that it entails.
You must keep records and receipts of everything you pay from your Care Account, as someone from the ILF will check your accounts from time to time. I find this quite easy to do as I stay on top of that side of things.
Some people do not wish to be an employer. To get around this they use Direct Payments to employ carers through an Agency or contract carers who are Self-Employed; its similar to you contracting an electrician or other self employed tradesman to do a job. Doing it this way the client does not have to pay the carers Tax and National Insurance, plus they do not have the many responsibilities that an employer has.
The ILF
Unfortunately the ILF looks like being scrapped in the near future This is bound to affect both new claimants and existing recipients of the ILF, making our Care Funding less certain. Only time will tell, so lobby your MP about this matter.
Advertising & Interviewing
When advertising for a carer you must stipulate the main things that are important to you. If you need someone who drives or is a non-smoker make sure you include this in your advert. Also ask for 3 references, which you can check by telephone.
When you get to the interview stage make sure the candidates have read and understood your advert correct. I have been caught out by a carer who answered my advert for a non-smoker, but in fact was a smoker.
Contract and Care Plan
It is essential you draw up a contract, which protects both you and your employee. You can get advice about contracts via your Social Services, ACAS and the Rowan Organisation but you need to tailor it to your specific requirements. It is advisable that this contract has a probationary period, this way you will know if you are both suited to work together.
When you interview a prospective carer it is advisable you show them a copy of this contract along with your care plan, which should itemise your daily routine but you do not have to include the time it takes to do each routine.
Responsibilities of being an Employer
Although there are many benefits in managing your own care there are also a few downsides one can easily fall into. You will be responsible for your employees’ health and safety so will have to adhere strictly to those regulations. You will also be responsible for their pay, which includes tax and National Insurance, payslips, holiday pay and extra pay for Bank Holidays. I personally employ an Accountant to do my payroll for me at a cost of around £40 per month; this can be paid for from your Care Account.
Q. How much do I pay my Carer?
A. Your local Social Services should know this, but in my experience they make mistakes. I always contact my Direct Payments Office who know the hourly rates of pay for weekly daytime rates, sleepover rates and Sunday rates. You don’t pay this entire amount to your Carer, as you will need to hold some back to pay the other expenses, which I’ve mentioned above.
Maternity/Paternity Leave
All employers are required by law to give their employees maternity/paternity leave. However, there is an obstacle you must be aware of. When you interview a prospective female Carer she does not have to state that she is pregnant and you are not allowed to ask her this question as it is classed as sexual discrimination.
An unscrupulous Carer can work for you for just one day then inform you the job is too hard for her because she is pregnant. You are then obliged by law to pay her while she is on maternity leave but also pay to employ another carer to take her place. I know this sounds completely unfair but it is the law.
Make sure you include information about Pregnancy in your Contract and the rules your employee must carry out.
Pregnancy
As soon as you know you are pregnant please provide me with the following notifications in writing?
- Notification of your pregnancy in writing
- A certificate from a registered medical practitioner or a registered midwife showing that you are pregnant
- Notification in writing of when you expect to leave my employment
I will then carry out a risk assessment.
Sick Leave
You must have a back-up plan in case your Carer is taken ill and unable to work. It’s advisable to register with 2 or more Care Agencies in the hope they can provide Emergency Cover. I also keep in touch with my Ex Carers who can often fill that gap as Emergency Cover.
Make sure you include information about Sick Leave in your Contract and the rules your employee must undertake to obtain Sick Pay. Below is the correct procedure an employee must undertake.
Sickness or Injury
If you are unable to work due to illness you must follow these procedures.
- On the first day you must try and inform me at least 1 hour before your start time. Please put this in writing.
- Inform me in writing on the first day and each subsequent day that you are ill.
- You can sign a “Self Certification” form from the Post Office for the first seven days but after 7 days you must get a Doctors Certificate.
- You will need to give these certificates to me, so I can pass them onto payroll. If you don’t then you might not receive any Statutory Sick Pay to which you might be entitled.
- You will not get your normal pay but might be entitled to what is called Statutory Sick Pay. You will need to ask payroll about this.
Confidentiality
It is essential you include in your Contract a Confidentiality clause. Unscrupulous employees may spread gossip about you, which can cause you distress. If you discover your employee has broken the confidentiality clause you can dismiss them for Gross Misconduct.
Confidentiality and Security
You must respect my privacy (and that of my family and friends) and maintain a professional approach at all times. You must keep any information gained in the course of working for me confidential and not discuss my affairs with others, except with my specific permission. Principles of confidentiality can be summed up as:
- How someone lives their lives is their own affair
- The simplest bits of gossip can have disastrous consequences
- Information about somebody is their property and must not be discussed without their permission
Dismissing an Employee
Issue the correct periods of notice
An employee can be instantly dismissed for gross misconduct without severance pay. Examples of gross misconduct are: -
- Theft
- Careless or intentional damage to the employers property
- Fraud
- Coming to work in an unfit state e.g. – under the influence of alcohol or drugs or using drugs on your property.
- Verbal or written abuse to your employer or third party
- Breach of confidentiality
- Serious insubordination, including conduct which undermines the employers authority, independence or self determination
- Deliberately or knowingly endangering the safety of the employer.
- Abuse or use of your employers property without their knowledge or consent
There is a downside to Instant Dismissal, as you would be left without care. As long as you’ve warned your employee of their Gross Misconduct you can dismiss them at the end of that placement. You can hand them a letter when they leave, stating your reasons for dismissal.
Contractual and statutory notice periods
An employee who has worked for a company continuously for one month or more must give and receive notice of dismissal/redundancy or intention to leave. The notice period must be included in a written statement of employment particulars which must be issued to your employee within two months of them starting work.
If an employee works less than one month she/he is not entitled to any notice pay. Most contracts state that holidays are paid on each complete calendar month and as she/he has not worked for a full calendar month then she/he is not entitled to any holidays.
An employee who has worked for less than 1 year is only entitled to 7 ‘Working’ days notice. After 1 year an Employer with a complaint about the employee must give one verbal warning, any further cause for complaint the Employer has to give a written warning. Any further cause for complaint the employee will receive a final written warning, followed by 2 weeks notice unless mutually agreed otherwise.
Dismissing an Employee is complex.
As dismal procedures are so complex, you need to make your contact as water tight as possible by stipulating your dismissal terms. You can obtain lots of information about fair and unfair dismissal from this link. http://www.businessl...&type=RESOURCES
If you look on the business link web site it gives you lots of advice on employment
The website is www.businesslink.gov.uk
ACAS know all the Employment Laws for both Employer and Employee. They have a helpline to call for free advice.
The ACAS website is http://www.acas.org....?articleid=1410
Even though I have written about Contracts and trying to make them watertight, it still doesn’t prevent a Carer breaking their Contract, which they do. ACAS states that a Carer who is in breach of their Contract is liable to pay the costs of you, the Employer obtaining Emergency Care.
In my experience they are only interested in themselves, they know it will cost you money to pursue a claim against them so they leave when it suits them. If you, the Employer are in breach of Contract a Carer can take you to an Employment Tribunal.
Scribb’s
Edited by Apparelyzed, 03 February 2011 - 09:28 AM.
Additional info added
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