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  • FIRST POST
    • Happy_Sunflower
    • By Happy_Sunflower 17th May 18, 12:49 PM
    • 2Posts
    • 0Thanks
    Happy_Sunflower
    Legal advice on having a domestic cleaner
    • #1
    • 17th May 18, 12:49 PM
    Legal advice on having a domestic cleaner 17th May 18 at 12:49 PM
    Hi. Can someone please help me to understand the legal implications of having a domestic cleaner for 2 to 4 hours per week?

    I've been all over the internet & HMRC, the information is either very confusing, contradictory or doesn't appear to fit my scenario. I found it much less convoluted and more specific for employing overseas cleaners!? But I need to understand it with regards to a UK national.

    # - The person I'm hoping to ask has other forms of income, cleaning, dog walking, home sales&delivery.
    # - They will set the cost of the service.
    # - I will require between 2 and 4 hours a week by arrangement. Am I required to have a formal written contract with them?
    # - They will manage their own time and decide what they do (within agreed parameters) and when they will do it. They will tell me week2week when they can provide the service and how many hours they are planning for that day.
    # - if they are unable to attend an agreed visit then we will reshedule for when they are next available.
    # - there will be no invoices, perhaps I should request them? Or I can use a receipts book to record payments? Whichever is best?
    # - I have asthma so the cleaning products will be provided by me. If we run out she may occasionally pick up the same or similar replacement products. I shall reimburse on a sales receipt. She may recommend products which she or I will buy, reimbursement as before.
    # - She will use my vaccum cleaner and mop. If they are not working then she will bring the equipment with her.
    # - I have a similar arrangement with my window cleaner, although he uses specialist tools and products which he provides and there is no time duration element.

    Can i pay them directly as I would any other self-employed service or contractor? And what, if any paperwork do I require? OR, am I liable as an employer, with all that entails? Also does anyone know what the legal requirement regarding appropriate insurance cover is and which of us is responsible for providing it?

    Blimey what a nightmare.... it used to be so simple. ++ You had a need - they did the work - you pay up - they deal with the accountants, insurance and HMRC - end of transaction till the next time!! ++

    This is my first post so I shall excitedly await your replies ...... thank you in advance.
    The Happy Sunflower
Page 1
    • LilElvis
    • By LilElvis 17th May 18, 1:42 PM
    • 3,822 Posts
    • 10,359 Thanks
    LilElvis
    • #2
    • 17th May 18, 1:42 PM
    • #2
    • 17th May 18, 1:42 PM
    You're massively overthinking this! The cleaner is self employed and you are her customer. Just pay her the agreed amount after she has provided her service. Come to whatever agreement you wish re providing supplies.
    • robatwork
    • By robatwork 17th May 18, 1:57 PM
    • 4,528 Posts
    • 5,076 Thanks
    robatwork
    • #3
    • 17th May 18, 1:57 PM
    • #3
    • 17th May 18, 1:57 PM
    Don't keep her number in your phone or you will fall foul of GDPR legislation.

    This is only half tongue-in-cheek
    • Mojisola
    • By Mojisola 17th May 18, 2:02 PM
    • 29,789 Posts
    • 76,336 Thanks
    Mojisola
    • #4
    • 17th May 18, 2:02 PM
    • #4
    • 17th May 18, 2:02 PM
    Can i pay them directly as I would any other self-employed service or contractor?

    And what, if any paperwork do I require?
    Originally posted by Happy_Sunflower
    Yes, just pay whatever he/she charges.

    No paperwork involved.
    • Happy_Sunflower
    • By Happy_Sunflower 17th May 18, 2:53 PM
    • 2 Posts
    • 0 Thanks
    Happy_Sunflower
    • #5
    • 17th May 18, 2:53 PM
    Thanks everyone
    • #5
    • 17th May 18, 2:53 PM
    That's what I was hoping would be the situation but the HMRC site is so bogged down with regulations I couldn't see what the blazes was going on.

    It actually states in one place that even if the cleaner is self employed, for the purposes of them cleaning in your home, they are treated as if you are their employer. That as their employer I was legally required to have contracts, pay NIC, along with sick and holiday pay.

    Nightmare, horribly confusing so I needed to get some feedback!
    Thank you, much appreciated
    • Madbags
    • By Madbags 17th May 18, 3:43 PM
    • 220 Posts
    • 134 Thanks
    Madbags
    • #6
    • 17th May 18, 3:43 PM
    • #6
    • 17th May 18, 3:43 PM
    I do payrolls for a couple of employers of domestic cleaners. But they are for all intents and purposes employees, employed directly by the client and do no other work but earn above the threshold so PAYE scheme was needed.

    If they are invoicing you under the banner of their own self employment then you do not need to worry about it too much as others have said. They will be responsible for their own tax and NI.
    • 74jax
    • By 74jax 17th May 18, 7:25 PM
    • 4,752 Posts
    • 6,495 Thanks
    74jax
    • #7
    • 17th May 18, 7:25 PM
    • #7
    • 17th May 18, 7:25 PM
    I have a cleaner. I get a bill and pay it weekly.
    Forty and fabulous, well that's what my cards say....
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