Direct payments – key topics for employers

This page is for individuals who receive a direct payment and use it to employ one or more people. As an employer, you have legal responsibilities. This guide outlines the key areas you need to be aware of:

  • National Minimum Wage
  • Holiday entitlement
  • Sleepovers
  • Pension auto-enrolment

Pension auto-enrolment

If you employ at least one person, you must provide a workplace pension if your employee meets the following criteria:

  • not already in a pension scheme
  • aged between 22 and state pension age
  • earns more than £10,000 a year
  • works in the UK

Visit the Pensions Regulator website for step-by-step guidance.

You are legally responsible for meeting your pension duties. Non-compliance can result in fines or enforcement action. Even if your employee chooses not to join the scheme, you must still follow the correct process.

You can use the government’s National Employment Savings Trust (NEST) scheme. It allows employees to carry their pension pot with them throughout their working life.

National Minimum Wage

All employees must be paid at least the National Minimum Wage. Failing to do so is a criminal offence.

Use the National Minimum Wage Calculator to check if you’re paying the correct rate.

You can:

  • check if you're paying the correct wage
  • see if you owe your employee any back pay

Read the guidance on minimum wage for different types of work
More information on the National Minimum Wage

Sleepovers

If your employee is required to sleep over as part of their job, their average hourly pay (including sleepover hours) must meet the minimum wage.

Employers have been prosecuted for underpaying staff during sleepovers. Make sure you calculate pay correctly.

Support for new employers

HMRC New Employers Helpline
Phone: 0300 200 3200
Opening hours:

Monday to Friday: 8am to 8pm

Saturday: 8am to 4pm

Closed: Sundays, Christmas Day, Boxing Day and New Year’s Day