Domestic work
This page explains:
- when you are a domestic servant and excluded from health and safety law
- when you are considered a domestic worker and covered by health and safety law
- where you can get other support including employment law and social protection measures
This guidance uses the term ‘domestic servant’ which is the term used in Section 51 of the Health and Safety at Work etc Act.
What the law says about domestic work
The Health and Safety at Work Act (HSWA) does not apply in relation to the employment of domestic servants in a private household, such as being a live-in nanny, cook or chauffeur.
However, there are occasions when health and safety law would apply to people who do domestic work, such as being a self-employed cleaner, and this page will help you decide when this is the case.
Understanding when you are a domestic servant
You are a ‘domestic servant’ and so excluded from HSWA if you are employed directly by the householder.
You are more likely to be a domestic servant if:
- you have a contract (written or verbal) directly with the householder
- you receive holiday, maternity and sick leave
- your employer organises your taxes
- the work is done at a private household, as opposed to premises such as a nursing or residential home. You do not need to live in the household where you work and may be employed in more than one household
- the householder pays you directly, even if the money is provided by another, for example a local authority
If HSWA does not apply to you, you are still protected under other law. Read more on employment law and social protection measures.
If you carry out additional work that is not domestic service in a private household you may be covered by HSWA in relation to that additional work where it may pose a risk to others. For example, you are employed as a carer but your work involves specialist manual handling, such as using a hoist.
When you are covered by health and safety law
If you do domestic work but are self-employed or hired by an agency, you are not considered a ‘domestic servant’ and so are covered by HSWA.
You are self-employed if you receive no holiday, maternity or sick pay and you arrange your own taxes, or if you are employed through an agency.
If you are self-employed and your work does create a risk to others, you are not classed as a domestic servant, even if you carry out work for a private household and that work is domestic in nature.
Our self-employed guidance[1] will help you understand how health and safety law applies to you.
Where your work includes complex activities
Where your work includes tasks that are not ordinary ‘domestic service’, such as complex healthcare activities, which requires specialist training or qualifications you are not considered a domestic servant. HSE has guidance on care provided in people’s own homes[2].
Employment law and social protection measures
Domestic servants and people who do domestic work and are self-employed, are protected under employment law and other social protection measures. These include contracts of employment and working hours guidance (on GOV.UK)[3].
You can find more helpful employment advice from the Advisory, Conciliation and Arbitration Service (on Acas)[4].
If you are employed by an employment agency or any other business to do domestic work in someone’s home, then you will be covered by your employer's insurance under The Employers’ Liability (Compulsory Insurance) Act (ELCI).
It requires employers to insure against their liability for personal injury to their employees. Find out more about how employers should get insurance for their business[5].
Sources of advice on staying protected
If you are experiencing exploitation you can find out about how you must be protected:
All domestic servants have access to the National Referral Mechanism (on GOV.UK)[8] – a multi-agency framework for victims of trafficking or discrimination involving the Police, UK Border Agency, local authorities and designated NGO.