New HSE Guidance on Domestic Servants and Health & Safety Law
The Health and Safety Executive (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.
When Health and Safety Law Does Not Apply
Health and safety law does not apply to domestic servants in a private household. This generally includes roles such as:
- Nannies
- Cooks
- Chauffeurs
Domestic servants are typically defined as individuals who:
- Have a written or verbal contract with the householder
- Receive holiday, maternity, and sick leave
- Have their taxes organised by their employer
- Work at a private household (they do not need to live there and may work across multiple households)
- Are paid directly by the householder
When Health and Safety Law Does Apply
Health and safety legislation does apply to individuals performing domestic work who do not meet the definition of a domestic servant. This includes:
- Self-employed workers
- Agency workers, such as cleaners employed by a cleaning agency
Additionally, if a person’s tasks require specialist training or qualifications, they are not considered domestic servants and are covered by health and safety law.
Employment Rights Still Apply
While domestic servants are exempt from health and safety law, they remain protected under employment law and other social protection measures. The general duty of care also still applies — individuals must avoid conduct that poses an unreasonable risk of harm to others.