HSE Publishes New Domestic Service Guidance

The HSE has published new guidance clarifying who qualifies as a domestic servant and where health and safety law applies in the context of domestic work.

 

The key point to remember is that health and safety law does not apply to domestic servants in a private household. This generally includes roles such as nannies, cooks, and chauffeurs.

 

However, health and safety law does apply to individuals carrying out domestic work who do not fall under the definition of a domestic servant.

 

Generally domestic servants are classified as those who:

• Have a written or verbal contract with the householder.
• Receive holiday, maternity, and sick leave.
• Have their taxes organised by their employer.
• Complete their work at a private household (they do not need to live at this household and may be employed across multiple households).
• Are paid directly by the householder.

 

Individuals carrying out domestic work who are not classed as domestic servants are covered by health and safety legislation. These are typically:

• Self-employed workers
• Agency workers, such as cleaners employed by a cleaning agency.

 

It is also worth noting that when an individual’s work includes tasks that require specialist training or qualifications, they are not considered a domestic servant and thus are covered by health and safety law.

 

While domestic servants are not covered by health and safety law, they are still protected by employment law and other social protection measures. Additionally, the general duty of care, which requires individuals to avoid conduct that poses an unreasonable risk of harm to others, still applies.

 

If you have any questions or would like support with managing issues at your workplace, please speak to your usual contact or get in touch using the form below.