Working time and rest breaks in hospitality
Working Time Regulations explained for hospitality employers including maximum hours, rest break entitlements, split shift rules, night work …
Household Employers
Which domestic employer rules apply to you
A household that employs domestic staff — a nanny, carer, cleaner, gardener or driver — is an employer with real legal duties, even though the workplace is your home. This router sets out the obligations that apply and the key exemptions that do not.
UK-wide
On this page
UK-wide
Related guides in Employment & HR
Nannies and Au Pairs: Regulations and Employment
Legal requirements, Ofsted registration rules, and employment obligations for nannies and au pairs. Covers when registration is required, …
CIS registration does not determine employment status
Why being CIS-registered does not make someone self-employed. Understand the critical distinction between CIS (a tax collection mechanism) …
Manage redundancies correctly
How to make employees redundant fairly and legally. Covers collective consultation requirements, fair selection criteria, statutory redundancy pay …
Redundancy consultation process
How to conduct redundancy consultations properly. Covers collective consultation requirements, selection criteria, statutory redundancy pay, HR1 notification, and …
If you employ someone to work in your home — a nanny, au pair, carer, cleaner, housekeeper, gardener or driver — you are an employer. It does not matter that your household is not a commercial business: real legal duties attach the moment you take someone on, and HMRC, the employment tribunals and the Equality and Human Rights Commission can all enforce them.
At the same time, some duties that apply to commercial employers do not apply to you. Knowing which is which is the first step.
What applies to you
As a domestic employer you must:
- register as an employer with HMRC and operate PAYE in real time where your employee earns at or above the Lower Earnings Limit (or already has another job or a pension)
- pay at least the National Minimum Wage / National Living Wage
- give a written statement of employment particulars and respect the statutory rights under the Employment Rights Act 1996 (holiday, notice, unfair dismissal protection after qualifying service)
- auto-enrol eligible employees into a workplace pension under the Pensions Act 2008
- comply with the Working Time Regulations 1998 (48-hour week, rest breaks, 5.6 weeks' paid holiday)
- not discriminate under the Equality Act 2010
- verify your employee's right to work in the UK before they start
- take reasonable care of your employee's health and safety under a common-law duty of care (the formal HASWA 1974 duties are disapplied for domestic servants under section 51)
What does not apply
Several duties that commercial employers carry are disapplied for domestic employers:
- Health and Safety at Work etc. Act 1974 — section 51 disapplies Part I for anyone employing a domestic servant in a private household. You still owe a common-law duty of care.
- Employers' liability insurance — the Employers' Liability (Compulsory Insurance) Act 1969 exempts domestic servants employed in a private household. You are not required to hold cover, though voluntary insurance is advisable.
- Fire safety order — the Regulatory Reform (Fire Safety) Order 2005 applies to non-domestic premises. Your private home is domestic premises and is out of scope.
What you need to do
-
1
Set up your duties as a domestic employer
Follow "Set up and run your duties as a domestic employer" for your PAYE, pay, contracts, pension, working time, health and safety, equality and data protection duties — with the key exemptions noted.
-
2
Confirm you have covered everything
Finish with the domestic employer compliance checklist to confirm each obligation is met.
Official sources
Authoritative starting points for household employers.