PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.
Many arrangements with carers are informal and it is easy to forget that this does not mean that ‘anything goes’.
Where a carer is paid, an employer/employee relationship will normally arise. This carries implications as regards – for example – National Minimum Wage and PAYE legislation. Employment law rights may also come into play, as a recent case showed.
It involved a pensioner, aged 76, who had taken on a carer. The carer looked after the pensioner’s wife, who had Parkinson’s disease and who eventually died in March 2013. Following his wife’s death, the pensioner cut the carer’s weekly hours from 30 to 16 without giving her notice.
The carer resigned and brought a claim for constructive unfair dismissal. She was awarded more than £3,500 in compensation.
Just because arrangements may seem to be informal does not mean that there is no law applying to the relationships established.
For advice on the legal implications of your care arrangements or proposed care arrangements, contact Gary Lee.