Personal Assistant Independent Contractor Agreement Template for England and Wales

A Personal Assistant Independent Contractor Agreement is a legally binding document that establishes the terms for engaging personal assistant services on an independent contractor basis in England and Wales. This agreement creates clear boundaries between contractor and employee status, protecting both you and your personal assistant from potential legal complications while ensuring compliance with UK employment and tax legislation.

When do you need this document?

You need this agreement when hiring a personal assistant to work flexibly rather than as a full-time employee. This is particularly relevant if you're a business owner, executive, or individual requiring administrative support, diary management, travel coordination, or other personal assistance services on a project basis or irregular schedule. The agreement is essential when you want to maintain control over how services are delivered while avoiding the obligations that come with employment relationships, such as sick pay, holiday entitlements, and pension contributions.

Key legal considerations

The most critical aspect of this agreement is ensuring genuine independent contractor status rather than disguised employment. You must demonstrate that your personal assistant has control over how they deliver services, uses their own equipment where possible, and bears financial risk for their work. The agreement should include clear payment terms, typically invoicing arrangements rather than salary payments. Confidentiality clauses are essential given the personal nature of the services, protecting sensitive information about your business, family, or personal affairs. Data protection provisions must comply with UK GDPR requirements, particularly important as personal assistants often handle personal data. Include termination clauses that allow either party to end the relationship with reasonable notice, and ensure any intellectual property created during the engagement is properly assigned.

Legal requirements in England and Wales

Under England and Wales law, your agreement must comply with IR35 legislation, which determines whether the working relationship would be considered employment if contracts were stripped away. The Employment Rights Act 1996 requires clear distinction between contractor and employee status to avoid unintended employment obligations. Your agreement must include provisions for data protection compliance under the Data Protection Act 2018 and UK GDPR, particularly regarding processing personal information. If your personal assistant works on your premises, Health and Safety at Work Act 1974 obligations may apply. The Equality Act 2010 requires non-discriminatory terms throughout the agreement. Common law contract principles mandate clear offer, acceptance, consideration, and intention to create legal relations. Working Time Regulations may apply if the contractor relationship resembles employment, so structure your agreement to maintain genuine independence and flexibility in working arrangements.