Caregiver Agreement (UK)

A Caregiver Agreement in the United Kingdom is a legally binding written instrument.

The employment law classification of a paid caregiver arrangement is critical to determining the parties' legal rights and obligations. Paid caregivers in the UK may have the status of employee, worker, or self-employed independent contractor, depending on the characteristics of the arrangement. The three key tests applied by UK employment tribunals and courts — as confirmed by the Supreme Court in Uber BV v Aslam [2021] UKSC 5 — are: personal service (does the caregiver personally perform the services or can they send a substitute?); control (does the care recipient or their family direct how, when, and where care is provided?); and mutuality of obligation (are both parties obliged to offer and accept care engagements?). Where these conditions point to employment or worker status, the caregiver has statutory rights including entitlement to the National Minimum Wage under the National Minimum Wage Act 1998, statutory sick pay (SSP) under the Social Security Contributions and Benefits Act 1992, and 5.6 weeks' statutory annual leave under the Working Time Regulations 1998.

The National Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015 apply to all paid caregivers in the UK who are classified as workers or employees. From April 2024, the National Living Wage for workers aged 21 and over is £11.44 per hour. Live-in caregivers present a specific issue: HMRC has confirmed in its National Minimum Wage guidance that time when a live-in worker is required to be present but is not actively working (sleep-in shifts, for example) may or may not count as working time for NMW purposes, depending on the extent of the obligation to respond to calls for care during the night. Following the Supreme Court's decision in Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8, time spent sleeping during a sleep-in shift does not automatically count as NMW working time, but periods when the worker is required to be awake and provide care do count.

The Disclosure and Barring Service (DBS), established under the Protection of Freedoms Act 2012 and operating under the Safeguarding Vulnerable Groups Act 2006, requires individuals engaging in regulated activity with adults (including personal care such as washing, dressing, and administering medication) to have an Enhanced DBS check and to be checked against the Adults' Barred List. Employers are legally prohibited under the Safeguarding Vulnerable Groups Act 2006 from employing a barred individual to carry out regulated activity.

A UK Caregiver Agreement is needed whenever a care recipient, their family, or a local authority arranges for a paid or unpaid caregiver to provide personal care or domestic support on a regular basis in the United Kingdom.

Families who hire a private carer to look after an elderly parent at home — whether for a few hours per week or on a full-time or live-in basis — need a written caregiver agreement to document the duties, pay, and notice terms. Without a written record, disputes about hours worked, tasks included, and pay rates are difficult to resolve. The Employment Rights Act 1996 requires employers to provide written employment particulars from day one.

Care recipients who receive direct payments from a local authority under the Care Act 2014 and choose to employ a personal assistant need a caregiver agreement to document the employment arrangement. Local authorities that administer direct payment schemes typically require a written contract to be in place and may ask to review it as part of their monitoring role.

Parents of adults with learning disabilities or physical disabilities who employ a personal assistant to support their adult child's independence need a caregiver agreement that reflects the specific care duties and the Care Quality Commission's fundamental standards (where the arrangement involves regulated activity).

Local authorities commissioning care providers to deliver home care services under block contracts or spot purchase arrangements under the Care Act 2014 require written service agreements with each care provider. The individual caregiver agreement supplements the service contract between the local authority and the agency.

Caregivers themselves benefit from a written agreement because it records what they agreed to do, confirms their right to the National Minimum Wage, and documents their entitlement to statutory annual leave and sick pay. A caregiver who works without a written agreement may find it difficult to enforce their statutory rights if a dispute arises.

Arrangements involving live-in caregivers — including au pairs and live-in companions — need a written agreement that specifically addresses accommodation arrangements, living expenses, privacy rights, and on-call obligations during the night, particularly in light of the NMW implications confirmed in Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8.

A UK Caregiver Agreement must address the following key provisions to comply with the Employment Rights Act 1996 and to protect both the caregiver and the care recipient.

Identification of the parties records the care recipient's full name, address, and (where relevant) the name of the family member or legal representative acting on their behalf, together with the caregiver's full name, address, and National Insurance number. The NI number is needed for PAYE and National Insurance contribution purposes.

Care duties and responsibilities sets out a clear and specific list of the personal care tasks, domestic tasks, companionship duties, or specialist care activities the caregiver is engaged to perform. Generic descriptions such as 'general care' create disputes. The agreement should specify tasks such as: personal hygiene support, meal preparation, medication administration, mobility assistance, transportation, housekeeping, and social activities support. Any tasks the caregiver is NOT required to perform should also be stated to avoid scope creep.

Hours of work and schedule must be stated clearly. For regular hours, the agreement should set out the days and hours of work. For variable or irregular arrangements, it should describe the basis on which hours are agreed (advance notice, on-call arrangements). For live-in caregivers, the agreement must address sleep-in arrangements and on-call obligations in light of HMRC's NMW guidance and Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8.

Pay rate and payment method must state the hourly rate (which must equal or exceed the National Minimum Wage under the National Minimum Wage Act 1998), the pay interval (weekly or monthly), and the method of payment. Where direct payments from a local authority are involved, the agreement should confirm that the pay rate is consistent with the direct payment amount.

Holiday entitlement confirms the caregiver's right to 5.6 weeks' statutory annual leave under the Working Time Regulations 1998, calculated pro-rata for part-time work, and the arrangement for taking and paying holiday.

DBS check and safeguarding confirmation records that an Enhanced DBS check has been obtained and the caregiver is not barred from working with vulnerable adults under the Safeguarding Vulnerable Groups Act 2006. The agreement should require the caregiver to notify the care recipient immediately if they are investigated, cautioned, or convicted of any offence.

Confidentiality provisions require the caregiver to treat all personal information about the care recipient — including medical, financial, and family information — as strictly confidential both during and after the engagement. The confidentiality obligation should be consistent with the UK GDPR and the Data Protection Act 2018.

Notice period specifies how much notice each party must give to end the arrangement. The minimum statutory notice is one week after one month of continuous employment under section 86 of the Employment Rights Act 1996, but the agreement may specify a longer contractual notice period. The forms-legal.com Caregiver Agreement (UK) template covers the mandatory elements under Consumer Rights Act 2015.