Your Domestic Worker Rights
Kalayaan staff give information on employment rights to Migrant Domestic Workers in the UK. Please note we are NOT an employment advice organisation.
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National Minimum Wage
What should I be paid?
The law in the UK says that everyone has a right to be paid the National Minimum Wage (NMW).
If your employer is paying you less than the National Minimum Wage then she or he is breaking the law.
The hourly rate since 1 April 2025 for those aged 21 and over is £12.21.
If you are aged between 18 and 20 the hourly rate is £10.00.
Tax and NI contributions will be deducted from this hourly wage.
What should I do if I am not paid the National Minimum Wage?
If you think you are being underpaid, you can contact the Pay and Work rights helpline or ACAS.
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Contract of Employment / Terms of Employment
What is a contract?
A contract is usually a written agreement about the work you do and the conditions of your employment.
It is an important agreement that should be written down and signed by you and your employer.
A written contract will usually state what work you are expected to do, the hours you will work, how much you will get paid, the address of your workplace, the name of your employer, your holiday allowance and other conditions.
Please remember that if you arrived in the UK before April 2012 on an Overseas Domestic Worker visa then for the purposes of renewing your visa you and your employer will need to complete Appendix Domestic Worker Statement in the immigration rules with details of the terms and conditions of your employment. You can find Appendix Domestic Worker Statement here.
Even without a written contract you will still have some statutory employment rights. These include the right to the minimum wage and certain holiday and maternity rights.
Can my employer change the contract after I have started working for her / him?
When the terms of your contract of Employment have been agreed, either in writing or as a spoken agreement, they cannot be changed unless:
- Both you and your employer agree to the changes
- The written contract clearly states that the employer can change the terms without your agreement
- The employer ends your employment and re-employs you on a new contract
Where an employer changes the terms of your contract without your agreement, your employer could be breaking the contract.
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Conditions of employment
Will my employer provide accommodation?
This depends on what you agree with your employer.
Your employer must either:
- give you somewhere to live, or
- pay you enough money so that you can pay for your own accommodation
If you are in the UK on a domestic worker visa you cannot claim benefits, so the state will not provide you with accommodation or any money.
If you are living in your employer’s private house, you must be given your own bedroom. You must also have clear hours when you work and when you have time off.
A maximum of £74.62 per week can be deducted for accommodation from your pay. If the work is part time, or the accommodation is not provided every day, the maximum amount that can be taken will be less.
The accommodation offset rate is reviewed and set in April every year. You can check previous years using the GOV.UK link here.
Can money be deducted from my wages for food?
No money can be deducted for food.
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Work hours
How many hours will I have to work?
You should have a clear agreement with your employer (in writing if possible) on the amount of hours that you work. As a guide an acceptable number of hours is 48 hours a week.
A worker can choose to work more than an average of 48 hours a week. They do this by signing an ‘opt-out agreement’.
If you are being asked to work more than 48 hours make sure that you are being paid enough. If you are worried that you are working too many hours and not being paid enough you can call the ACAS Helpline 0300 123 1100 or contact Kalayaan for advice.
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Rest breaks and annual leave entitlements
What rest breaks & holidays am I entitled to?
- During every 6 hours of work you must have at least one 20-minute break, this is the minimum.
- In 24 hours you should have a daily rest period of at least 11 hours together
- Every week you must have at least one 24-hour period away from work, this means that if you stop working on Saturday evening you should have the whole of Sunday off and not return to work until Monday.
- Your employer must give you 5.6 weeks’ paid holiday per year (these can include bank holidays).
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Tax and National Insurance
All workers in the UK must pay income tax and National Insurance by law. If you are on a domestic worker visa then your employer must pay your tax. You cannot be ‘self-employed’ because your visa requires that you be ’employed’. This means that you cannot be responsible for paying your own tax (until after you have your indefinite leave to remain). Your employer must deduct the tax from your salary and pay it to the tax office.
Your employer can register with the tax office (HM Revenue and Customs) very easily. They will need to call the ‘New employer’s helpline‘, and they will be given information about how to pay your tax.
Your employer will deduct the money for tax and national insurance from your salary. This means that there will be two different figures for your salary. One is called your ‘gross’ salary, and this is your salary BEFORE tax and national insurance is deducted. The other figure is called your ‘net’ salary. This is your salary AFTER tax and national insurance is deducted; it is the amount of money you get in your hand or into your bank account. When you agree to take a job with an employer make sure you are clear whether the salary they are talking to you about is gross or net – before tax or after tax.
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Domestic workers and children
For female migrant domestic workers
You have the right to up to 52 weeks’ maternity leave if you’re having a baby and are legally classed as an employee.
You have this right from your first day of starting a job.
By law, you must take at least 2 weeks off after your baby is born (4 weeks if you work in a factory). After this, how many of the 52 weeks you take is up to you.
You get the same amount of maternity leave and pay even if you have more than one baby, for example twins.
When you have a baby, you might be eligible for one of the following:
- statutory maternity pay
- more than statutory maternity pay – this can be called ‘enhanced’ or ‘contractual’ maternity pay
- Maternity Allowance
Full detaid guidance on statutory maternity pay is available at:
https://www.gov.uk/government/publications/maternity-benefits-technical-guidance
Maternity and paternity leave and pay are difficult issues. If you are a migrant domestic worker and you need advice about your rights please contact Kalayaan or ACAS.
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Sick pay
What happens if I get sick?
If someone is off sick they might have a right to sick pay. Both physical and mental health problems can count as sickness.
If you are unable to work because you have been ill for 4 or more days you have the right to Statutory Sick Pay. If you earn £125 (before tax) or more per week Statutory Sick Pay is paid at £118.75 per week. For the first 7 days of sick leave you can ‘self-certify’ (which means you can simply tell your employer you are too ill to work). After 7 days you will need to get a sick note from the GP to give to your employer.
It might be written in the contract that employees get more than statutory sick pay. This can be called ‘contractual’ sick pay.
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Termination of Employment
What notice must my employer give me before ending my employment?
The notice period is the amount of time you or your employer must give before ending your employment.
Notice is usually included in a contract. Where there is no contract:
If an employment contract doesn’t specify a notice period, the minimum legal notice period is one week if you’ve been employed for one month or more. This statutory minimum applies to both the employee and the employer. If you’ve been employed for two years or more, the notice period increases to two weeks, and then by one week for each additional year, up to a maximum of 12 weeks.
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Termination without giving notice
What can I do if my employer dismisses me without any notice?
If your employer asks you to leave his or her employment without giving you any notice you might be able to take a legal case against your employer. Contact ACAS for advice if this happens to you.
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Joining a union
If you would like to join a Union to fight for your rights as a worker, please contact UNITE The Union.
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Registering with a GP
What you need to register with a GP surgery
You’ll only be asked to give basic information to register with a GP surgery. This includes your name, date of birth and address.
You do not need ID, proof of address or proof of immigration status.
Having an NHS number can make it easier to find your medical records, but you do not need one to register.
As part of registering you’ll also be asked for:
- the name and address of an emergency contact
- the name and address of the GP you’re registered with now, if you have one
- the name and address of your carer, if you have one
Sometimes, a GP surgery may ask for extra documents or details for other reasons, like helping to find or transfer your medical records, or to prove you’re the parent or guardian of a child you’re registering.
If you do not have a permanent address, you can register with a GP surgery using a temporary address or the address of the GP surgery.
Who can register with a GP surgery
Everyone in England can register with a GP surgery, including as a temporary patient if you’re visiting from abroad.
A GP surgery may refuse your registration if:
- they’re not accepting new patients
- you live outside the surgery’s area
- you have been removed from the their patient list before
If a surgery does not accept your registration
If a GP surgery refuses to register you, they must write to you within 14 days to explain why.
If you have problems registering with a GP surgery, you can contact Kalayaan on 020 72432942.