Factsheet Managing Staff and
Resolving Problems
Many people use their direct payment to employ Personal
Assistants (PAs) to provide their care. For many people this is the
first time they have acted as an employer and managed their own
staff. Even people with experience of being an employer or a
manager can find that employing and managing PAs is very
different from being an employer or manager in other sectors.
This factsheet is intended give advice on how to manage PAs, how
to avoid problems and what to do if a problem does arise.
Contents
1. What should I consider when I first employ a PA?
1.1 Choosing the right PA..............................................................3
1.2 The Induction Process.............................................................4
1.3 Probationary periods ..............................................................5
2. Supervision meetings
2.1 What is a supervision meeting? .............................................6
2.2 Why are supervision meetings a good idea? .........................6
2.3 Arranging supervision meetings............................................ 8
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3. Dealing with problems
3.1 Introduction ..............................................................................9
3.2 Dealing with minor problems.................................................. 10
3.3 The disciplinary process ......................................................... 11
4. Record keeping
4.1 Why do I need to keep personnel records? ............................12
4.2 What records do I need to keep? ........................................ 12-14
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1. What should I consider when I first
Employ a PA?
1.1 Choosing the right PA
When you are recruiting a PA it is important to find the right person for the
job. You should look for someone who has both the skills and ability to do
the job and who you feel you will be able to build a good working
relationship with.
Your PAs will be seeing a lot of you, often in your home and sometimes in
quite personal circumstances. It is important to find a PA you will be happy
to spend a lot of time with.
It can sometimes be difficult to find a PA, in this situation it is tempting to
employ someone simply because they are available rather than because they
are a good candidate for the job. This can be a mistake. If someone is not
the right person for the job from day one, there is a good chance they will
still not be the right person further down the line.
While the perfect PA probably doesn’t exist and you may have to
compromise in certain respects it is vital that you are able to establish and
maintain a good working relationship with your PA.
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1.2 The Induction Process
When your PA first starts working for you they may not know much about
you or the job. You should provide a detailed induction which gives your PA
guidance on:
Ask for a copy of our PA
Induction template or
download one from our
website

the tasks you want them to do

how you want them to do these tasks

what you like and what you don’t like

who to talk to if they have a question or a problem
This maybe outlined within the detailed job description however it is
important that you tell your PA all of these things when they start in their
role otherwise they will not know how you like things done. Providing a
thorough induction for your PA helps to avoid problems further down the
line.
Ask your PA to complete our FREE E-learning course:




Understand the importance of employers directing the work of PAs
and making their own life choices
Building strong employer/employee relationships
Helping PAs provide effective person centred support
Developing an understanding of professional boundaries and
disabilities, equality and cultural awareness
Developing the PA’s skills and knowledgehttp://www.kwango.com/login/
Create a new account and quote organisation code leedscil2
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1.3 Probationary periods
Including a probationary period in your PA’s employment contract gives you
the opportunity to see if you are happy with your PA and equally whether
your PA is happy working for you over a period of time.
“How long is a probation
period?”
Leeds CIL usually recommends 3 months’ probation, however it’s
entirely up to you.
During this period either you or your PA can terminate the employment with
one week’s notice as long as this is stated in their employment contract.
However, once your PA passes their probation it becomes more difficult to
end their employment. For this reason it is very important to include a
probationary period in the employment contract.
Shortly before the end of the PA’s probationary period you should meet with
them to discuss how things are going. You have several options at this stage:

If everything is going well you should confirm that they have passed
their probation.

If you are still unsure you can extend your PA’s probationary period for
another three to six months (up to one year in total)

If you are still not sure about your PA after six months you should
consider what is concerning you and whether the situation is likely to
improve.

If you are not happy with your PA at the end of the probationary
period and you do not feel the situation can be improved you can end
their employment.

If you end your PA’s employment during their probation, you must
give them a reason for this. Ideally you would meet with them to
explain this reason.
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2. Supervision meetings
2.1 What is a supervision meeting?
A supervision meeting is a regular meeting between you and your PA
to discuss your PA’s performance and any areas for improvement. In
supervision meetings you can discuss:

what is going well

what isn’t going as well and ways to improve

Way’s to solve any problems either you or your PA may have.
2.2 Why are supervision meetings a good
idea?
It is very important that both you and your PA are continually clear about
what you expect from each other.
Talking issues through regularly avoids problems in the future by solving
them at an early stage. As an employer it is your responsibility to make sure
that your PA(s) work in the way you want them to and that they are clear
about what is expected of them.
After their initial induction your PA should have a good idea of how to do
the job in the way that you want it done. However it is a good idea to meet
regularly as over time the job or your needs may change or the PA’s
circumstances may change.
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“I am happy with my PA do I
still need to conduct a
supervision?”
When everything is going well it can seem unnecessary to meet
regularly with your PA but it is still a good idea to have regular
supervision meetings. If you are very happy with your PA’s
performance supervision meetings provide a great opportunity to let
them know this. People like to know when they are doing a good job!
“I am a bit concerned about my PA
and what to discuss it with them
how do I do this?”
A supervision meeting is an ideal opportunity to discuss any issues you may
have. Supervision meetings are vital especially if there is something that
either you or your PA is not happy about. This may be because your PA is
not keeping up the standards you expect or they have picked up bad habits
or started doing things in ways you are not happy with. If this is the case you
should talk to your PA to make sure they continue to work in a way that
meets your needs.
“I don’t like confrontation and find it hard
to approach difficult subjects”
It can be hard in these circumstances to find the right time to have a much
needed talk and it can be daunting as an employer to approach certain
things. By having regular supervision meetings planned this should help
overcome any issues and you will have time to discuss these issues before
they become serious problems.
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2.3 Arranging Supervision Meetings
How you choose to arrange supervision meetings will very much depend on
you and your circumstances.
If the job is complicated, such as a PA going out with a child with
challenging behaviour, you may want to meet with your PA after every shift
to discuss how things went and whether there were any issues. If there are
often, but not always, things to discuss you may want to meet every week or
two. If you don’t see the PA very often or they are well established and there
are very few issues you may want to meet once a month or less.
The meeting could be either an informal chat at the end of a shift or it could
be held separately to normal shifts (in paid time) or if a particular problem
comes up a special meeting could be held to address it. The most important
thing is that supervision meetings are arranged in a way that you and your
PAs feel comfortable with.
It is a good idea to make written notes of what was discussed at supervision
meetings particularly if any problems are discussed. If you do this and the
problem continues, you can refer back to your notes. If the worst happens
and you ultimately have to discipline your PA you will have evidence of when
you discussed the issue previously.
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3. Dealing with problems
3.1 Introduction
Sometimes you will not be happy with your PA’s performance or their
conduct. For example they may not follow rules you have agreed with them
or they may have a poor attitude to their work. Most issues misconduct or
unsatisfactory performance can be resolved informally and a quiet word, as
soon as the problem starts, is often all that is needed to successfully resolve
the issue. However if your PA repeatedly fails to improve their performance
or they do something particularly serious (gross misconduct) you may have
to formally discipline your PA. In all cases you will need to deal with the
situation carefully, fairly and legally.
Dismissal of an employee is covered by strict laws and if you do not follow
correct disciplinary procedures when dismissing a PA you could be taken to
an Employment Tribunal. Summary dismissal i.e. sacking your PA ‘on the
spot’ is illegal and your PA may be able to claim for unfair dismissal if you
do this.
Always talk to your employment
insurance provider about your
situation
Employment tribunals are independent judicial bodies who determine
disputes between employers and employees over employment rights. They
hear claims about employment issues including unfair dismissal, wages,
redundancy payments and discrimination. Employment tribunals have legal
powers including the power to fine you if the tribunal does not find in your
favour.
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3.2 Dealing with minor problems
You should use supervision meetings to discuss any issues you are not happy
about with your PA. If you need to, you can arrange a meeting to discuss a
particular issue.
Before discussing a problem with your PA you should make sure that you are
clear about exactly what it is that you are unhappy about. It is much easier to
ask someone not to be late, to put things in the right place or not to talk to
you in a certain way than to discuss vague issues such as ‘I’m not happy with
you’.
Except in cases of gross misconduct (see below), it is always best to speak
your PA informally about a problem as soon as it starts before moving onto
a disciplinary process- most problems can be easily resolved in this way. If
small problems are not dealt with at an early stage they can become more
serious.
If you are going to hold a supervision meeting to discuss a problem in
normal working time it is best to do it towards the end of the shift. In this
case, if there is any disagreement, it will not cause problems for the whole
shift. Make sure that you leave sufficient time for the matter to be discussed
fully and resolved if possible. It is important to make a note of what was
discussed so that, if the problem continues, you will have written evidence of
when you spoke about it and what was said and agreed.
When meeting with your PA you should give them an opportunity to explain
and discuss the issue. There may be reasons for their behaviour which they
can explain to you. Try to see things from their point of view and, if you can,
suggest what could be done to solve the problem. At the end of the meeting
sum up what has been discussed and what you have agreed.
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“What do I do if problems I have already
addressed continue?”
If the problem continues after:

you have spoken about it with your PA;

you have tried to find a solution; and

and you have made notes of the discussions you have had
Then you should consider formal disciplinary action.
3.3 The disciplinary process
Where an issue is too serious to be resolved informally or where your PA has
repeatedly failed to improve after informal or formal warnings then you may
have to pursue the issue formally as part of your disciplinary procedure.
This involves investigating the issue, holding a disciplinary meeting and
deciding on a course of action.
There are several legal requirements that you must observe in order to
ensure fairness and legality when carrying out the disciplinary process.
A formal disciplinary process may be instigated in response to:

misconduct

unsatisfactory performance

harassment or victimisation

misuse of equipment in the workplace

poor timekeeping

unauthorised absences
In the worst case scenario you may have to dismiss your PA. However it is
essential to understand that dismissal of any employee is covered by strict
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laws and that you can only dismiss your PA after correctly following the
formal disciplinary procedure. This aspect of employment is governed by the
ACAS statutory Code of Practice on discipline and grievance which can be
accessed at www.acas.org.uk.
Or you can contact your Employment Insurance provider for advice.
4. Record keeping
4.1 Why do I need to keep personnel
records?
Keeping records about the things you do as an employer
protects you if there is a problem. If there is a dispute, having accurate
records will act as evidence to help you to prove what has happened.
If you do not keep records you may find yourself in a difficult position if you
are asked to prove that you acted in the correct way as an employer. Without
written evidence it can be hard to prove something even if you know you
acted correctly.
If you end up being taken to an employment tribunal the outcome will
depend on what evidence you have gathered throughout the dispute and
what you can prove. If you can’t prove your case you could lose an
employment tribunal even if you are in the right.
4.2 What type of records to I need to keep?
Timesheets
Timesheets provide you with a record of the days and times your PA’s have
worked. Timesheets are vital for calculating wages owed to your PAs.
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It is important for you to be clear about what counts as working time.
Sometimes PA’s become friends and it isn’t clear what is working time and
what is social time.
Remember to check timesheets to be sure you agree that the times written
by the PA are the times they have actually worked.
Holiday record sheets
Your PAs are entitled to 5.6 weeks paid holiday per year. Holiday record
sheets record how much holiday your PA has taken throughout the year. It is
important that you have a record of this so you know how much annual
leave your PA has left to take. Each time your PA wishes to take holiday they
should record the dates they wish to take on this sheet and you should sign
it to indicate that you have agreed the holiday.
Sickness records
You should record all your PA’s sickness absence. If there is a pattern to your
PA’s sickness (e.g. every Monday morning), then you will be able to show
them this pattern if you have to raise the issue with them.
Risk assessment
Each time a PA starts work with you, you must carry out a risk assessment to
demonstrate that you have discussed with your PAs how to do their job
safely and avoid hazards in the workplace. LCIL can provide advice on how
best to carry out a risk assessment.
If your PA has an accident and/ or injures’ themselves while they are at work
you should keep a record of this. An accident record sheet is included in your
employment pack.
Employment contract
You should keep a signed copy of your PA’s employment contract so that
you have evidence of the employment contract. This will be issued to you
within 8 weeks of the PA starting.
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Personnel sheet
A personnel sheet records contact details for your PA and proves that you
have checked their right to work in the UK, these details maybe provided by
your Asist adviser.
Supervision notes
Supervision notes provide you with evidence of what you have talked about
with your PAs during supervision meetings. Notes of supervision meetings
are vital if you have discussed a performance or misconduct issue in the
meeting as you may need this later on as part of a formal disciplinary
process.
Copies of forms and template documents are
available to download from our website
http://www.leedscil.org.uk/employer-info
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