Live-in carers play a crucial role in society, providing essential care and support for individuals who require assistance due to age, disability, or illness. Many live-in carers have been working for long periods of time and often without knowing very much about their employment rights.
While live-in care offers personal fulfillment and the opportunity to make a difference, it is also critical for carers to fully understand their employment rights to ensure they are treated fairly and appropriately in their roles.
The first step in understanding your rights as a live-in carer is determining your employment status. Live-in carers may be employed directly by an agency, the person they care for, or even operate as self-employed individuals.
Your employment status impacts your rights and responsibilities. For example, employees are entitled to benefits like paid holidays, sick leave, and statutory protections, while self-employed carers manage their own tax and National Insurance contributions and may have less protection under employment law.
It is essential to clarify your employment status with your employer or agency from the outset.
All live-in carers, regardless of employment status, should have a clear contract that outlines their job responsibilities, hours of work, and pay rates.
The nature of live-in care often means that carers reside with the person they are caring for, but this does not mean they are expected to work continuously.
UK law, for example, specifies that carers are entitled to rest breaks and must not work more than 48 hours per week unless they opt out of this limit in writing.
A well-defined and clearly laid out work schedule ensures that live-in carers can balance their responsibilities with personal time for rest and relaxation.
Live-in carers must be paid at least the National Minimum Wage (or the National Living Wage, depending on their age).
While the unique nature of live-in care sometimes complicates calculations—for example, distinguishing between active working hours and on-call time—it is vital that carers receive fair compensation for all hours worked.
On average, a live-in carer working with a client with special care needs is able to ask for up to £160 gross per day, although it is not unheard of to be paid more than that. Again, this depends on the experience and qualifications of the carer as well as the type of care that is required.
The minimum wage of a live-in carer is inline with the National minimum wage, or London minimum wage if you are based in London. Minimum wage is only applicable if you are aged between 21 and 25 years old.
People older than 25 years of age qualify for the National living wage which is slightly higher than the minimum wage.
Living and minimum wage both typically increase each year, but as it stands the minimum wage for the UK is currently £7.70 per hour and the living wage for the UK is currently £8.21 per hour, and in London the living wage is again slightly higher at £10.55 per hour.
Employers are legally required to keep accurate records of carers’ working hours to ensure compliance with wage regulations.
If you are an employee, you are entitled to paid annual leave under statutory requirements. This typically amounts to 5.6 weeks per year in the UK, which can include bank holidays.
Additionally, employees may qualify for statutory sick pay (SSP) if they are unwell and unable to work, provided they meet eligibility criteria.
It is important to know that self-employed carers do not receive these benefits and may need to arrange their own income protection plans.
Employers are legally obligated to ensure a safe working environment for live-in carers. This includes providing appropriate equipment and training to handle caregiving tasks safely, such as lifting and moving individuals.
In cases where the live-in carer works through an agency, it is up to the agency to organise training for their carers. This may often take place at the agency facility.
Employers and agencies must also conduct risk assessments to identify potential hazards within the home and take necessary steps to minimize them.
As a live-in carer, you should not hesitate to report unsafe working conditions, or seek advice if you feel your own health and safety are at risk.
Live-in carers are protected under anti-discrimination laws. Employers cannot discriminate against carers based on factors such as age, gender, ethnicity, religion, disability, or sexual orientation.
If a live-in carer is subjected to discrimination, they have the right to file a formal complaint or seek legal action.
Understanding employment rights can be challenging, particularly when disputes arise.
Live-in carers can find support from organizations such as trade unions, legal advisers, or government helplines specializing in employment rights.
These resources can provide valuable guidance to ensure carers are treated fairly and can help to enforce their rights.
Live-in carers provide an invaluable service, and it is essential they are equipped with knowledge of their employment rights to protect themselves from exploitation or unfair treatment.
By clarifying their employment status, ensuring compliance with wage laws, and accessing necessary support, live-in carers can focus on delivering quality care while at the same time safeguarding their own well-being.
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