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My employment rights

If you are considering becoming a paid carer and working directly for a service user under a contract of employment, you should be aware of your employment rights.

Your new employer will have a number of responsibilities in terms of compliance with employment legislation, and it is important that you are aware of your rights as this will help you and your employer establish the ground rules at the start of your working relationship.

Employed or self-employed?

First, it is essential that you are aware of whether you are considered employed or self employed. Employees have more rights than the self employed, but there are pros and cons to both avenues depending on your personal requirements. Review our information on your setting up your care business to find out more.

What you can expect from your new employer

From the start of employment with your new employer you can expect the following:

  • At least the National Minimum Wage
  • For your employer to make the necessary deductions for tax and NI from your gross salary
  • To be provided with a payslip showing your gross wage, net wage and any deductions
  • A contract of employment within two months of starting work
  • 5.6 weeks holiday per year
  • To be paid statutory sick pay, assuming you meet the qualifying criteria
  • To work no more than 48 hours per week on average
  • Not to be discriminated against because of race, sex, disability, sexual orientation, religion, or belief, transgender, pregnancy or maternity, marriage or civil partnership or age
  • Your rights to leave and pay in accordance with maternity, paternity and adoption
  • To be provided with the relevant protective personal equipment (PPE) that you need to do your job
  • Not to be dismissed for an unfair reason (after two years' service)
  • Redundancy pay (after two years' service)
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