When you employ a Personal Assistant (PA), keeping up with employment law is another responsibility alongside arranging your care and support. The Employment Rights Act 2025 brings major changes, including new rules on sick pay and parental leave.
These apply to people employing PAs through Direct Payments as well as other employers. Some changes have already taken effect, while others are being introduced in stages. Here are the main points to check.
Statutory Sick Pay starts earlier
Since 6 April 2026, eligible PAs can receive Statutory Sick Pay (SSP) from their first qualifying day of sickness absence, rather than the fourth. Qualifying days are the days they would normally work.
The minimum earnings threshold has also been removed, so PAs who previously earned too little to qualify may now be entitled to SSP. Other eligibility conditions still apply.
Ask your payroll provider to check that these changes are reflected in your arrangements. You may also need to check how your Direct Payment budget will cover sick pay alongside the cost of replacement support. Read the Acas guidance on Statutory Sick Pay.
Paternity and unpaid parental leave are day-one rights
Since 6 April 2026, employees no longer need a minimum period of service to qualify for paternity leave or ordinary unpaid parental leave. Notice requirements and other conditions still apply.
If you’re recruiting a PA, be aware that they could request this leave early in their employment. Leave and statutory pay have separate eligibility rules, so check both before confirming arrangements. Read about paternity and parental leave changes in the Acas guide.
Fair pay agreements are being developed
The Act provides for a new Adult Social Care Negotiating Body to negotiate pay and working conditions across the sector.
The government’s timetable sets out negotiations in 2027, with the first fair pay agreement expected to take effect in 2028. Its effect on individual employers and PAs will depend on the final rules and who they cover. This could influence PA pay and recruitment in future, but it does not mean a new national PA pay rate has already been agreed. Read the government’s proposals for adult social care fair pay agreements.
Employment tribunal time limits have increased
From 1 October 2026, time limits for bringing employment tribunal claims increased to six months. Previous deadlines may still apply to problems that arose before that date.
If a disagreement develops, get advice promptly. Keeping contracts, pay and leave records up to date, along with notes of relevant conversations, can help clarify what happened and what was agreed. Check the tribunal updates in the Acas guide to the Act.
What should you do now?
Start with your payroll provider. Ask whether your sick-pay arrangements are up to date and whether any employment paperwork needs reviewing.
It’s also a good time to check your backup arrangements. If your PA takes leave or becomes unwell, do you know who could provide cover and how it would be paid for?
These reforms are designed to make work fairer and more secure, including for Personal Assistants. But they also give employers more to keep track of. We know that can feel daunting, especially when you’re managing Direct Payments or employing someone for the first time.
If you employ a PA and have questions, talk to us. You don’t have to manage everything alone. We’re here to help with the employment details so you can focus on getting the support that works best for you.
