Division 97

Household Employers

4 requirements mapped for this division.

Requirements for all household employers

These requirements apply to all business activities in this division.

reporting Uk Ongoing

Operate PAYE (RTI) as a household employer

Enforced by: HMRC

Income Tax (Pay As You Earn) Regulations 2003

A household employing domestic staff must register as an employer with HMRC and operate PAYE in real time (RTI) where any worker earns at or above the Lower Earnings Limit, or already has another job, or receives a pension. This covers deducting income tax and National Insurance and reporting each payday. Below the threshold with no other complication, PAYE need not be operated but records should still be kept.

compliance Uk Ongoing

National Minimum / Living Wage for domestic workers

Enforced by: HMRC

National Minimum Wage Act 1998; National Minimum Wage Regulations 2015

Domestic workers (cleaners, nannies, carers, gardeners) are entitled to at least the National Minimum Wage / National Living Wage; HMRC enforces on behalf of workers and can recover arrears plus penalties. Note the narrow 'family worker' exemption (NMW Regulations 2015 reg 57): a worker who genuinely lives in the employer's family home as a member of the family, sharing tasks and leisure and not charged for accommodation — covering many au pair arrangements — is exempt. The exemption was removed for live-in domestic workers who are not part of the family following the 2021 Puthenveettil ruling, so most live-in carers and housekeepers DO qualify for the NMW.

compliance Great_Britain Ongoing

Core employment-law duties (contract, holiday, dismissal)

Enforced by: EMPLOYMENT_TRIBUNAL

Employment Rights Act 1996

Domestic staff are employees/workers with the usual statutory rights: a written statement of employment particulars, paid annual leave, itemised payslips, statutory notice and — after qualifying service — protection from unfair dismissal and statutory redundancy pay. Disputes are heard at the Employment Tribunal; there is no licensing regulator. Northern Ireland has parallel provisions under the Employment Rights (Northern Ireland) Order 1996.

compliance Great_Britain Ongoing

Equality Act 2010 — non-discrimination in employment

Enforced by: EHRC

Equality Act 2010

The Equality Act applies to domestic employment: a household employer must not discriminate against, harass or victimise a domestic worker because of a protected characteristic in recruitment, terms or dismissal. Northern Ireland has separate equality law enforced by the Equality Commission for NI.

Activities in this division