Domestic staff – am I the employer?

Do you have to pay your cleaner for holidays? Is the nanny entitled to maternity leave? Should you pay your gardener when he’s off sick? Putting your conscience to one side, the answer to all these questions is likely to be down to whether the individual is considered to be your employee. Whether or not someone who works for you is an ‘employee’ is often a complex legal question depending on the manner of work and degree of control in the relationship. The obligations that flow from the employment relationship can be far-reaching and expensive to resolve if misinterpreted.

The issues affected by this question include:

• Whether deductions should be made for PAYE and National Insurance
• Entitlement to paid holiday under the Working Time Regulations 1998
• Right to sick pay
• Minimum notice periods
• Entitlement to claim unfair dismissal.

If you are concerned about any issues with your domestic staff, or would like us to review or properly document your arrangements with them, please contact:

Daniel Naftalin
Tel +44 (0)20 7440 7242
daniel.naftalin@mishcon.com