Hiring Your First Employee — UK Employer Guide 2026
Taking on your first member of staff is a major milestone — but it comes with a raft of legal and financial obligations. This guide walks you through every step you need to take before your new employee starts work, from registering as an employer with HMRC to setting up a workplace pension.
Step 1 — Decide Whether You Actually Need an Employee
Before hiring, consider whether the role genuinely requires an employee or whether a self-employed contractor or freelancer would suit your needs. The distinction matters: HMRC's IR35 rules and the employment status tests look at control, substitution, and financial risk. Getting this wrong means you could end up liable for unpaid PAYE and National Insurance.
If the person will work set hours, use your equipment, and cannot send a substitute, HMRC will almost certainly treat them as an employee. Use HMRC's free Check Employment Status for Tax (CEST) tool at gov.uk if you are unsure.
Step 2 — Register as an Employer with HMRC
You must register as an employer with HMRC before your new employee's first payday — and registration can take up to five working days. Do it as soon as you have agreed a start date.
- Register online via your Government Gateway account at gov.uk/register-employer.
- You will receive a PAYE reference number (e.g. 123/AB45678) and an Accounts Office reference. Keep these safe — you need them for every payment to HMRC.
- If you are a sole trader, you will also need to be registered for Self Assessment; if you are a limited company, the company's UTR is separate from your employer PAYE reference.
Step 3 — Carry Out Right to Work Checks
You have a legal duty to check that every employee has the right to work in the UK before they start work. Employing someone without the right to work can result in a civil penalty of up to £60,000 per worker (from January 2024) and potentially a criminal conviction.
Acceptable documents include a UK or Irish passport, a Biometric Residence Permit, or a share code from the Home Office's online checking service. Always keep a dated copy of the document you checked.
Step 4 — Issue a Written Statement of Employment Particulars
Since April 2020, all employees (and workers) are entitled to a written statement of their main terms and conditions from day one. This is sometimes called a Section 1 statement or an employment contract. Failing to provide it means an employee can apply to an employment tribunal, which can award up to four weeks' pay.
The statement must include, at minimum:
- The employer's and employee's names and addresses
- The start date and whether any previous employment counts towards continuous employment
- Job title and a brief description of duties
- Place of work
- Pay rate and pay interval (weekly, monthly, etc.)
- Hours of work, including any arrangements for overtime
- Holiday entitlement (statutory minimum is 5.6 weeks per year for full-time employees)
- Notice periods
- Whether the role is permanent or fixed-term
- Sick pay arrangements
- Pension scheme details
Step 5 — Set Up Payroll (PAYE)
As an employer you must operate Pay As You Earn (PAYE), deducting income tax and employee National Insurance contributions from your employee's gross pay before paying them. You must also pay employer's National Insurance on top.
Key 2026/27 PAYE and NI Figures
| Item | Rate / Threshold (2026/27) |
|---|---|
| Employer NI rate | 15% on earnings above the Secondary Threshold |
| Secondary Threshold (employer NI) | £5,000 per year (£96.15/week) — reduced from £9,100 from April 2025 |
| Employee NI (Class 1, main rate) | 8% on earnings between £12,570 and £50,270 |
| Employment Allowance | Up to £10,500 per year — offsets your employer NI bill if eligible |
| National Living Wage (21 and over) | £12.21 per hour |
| National Minimum Wage (18–20) | £10.00 per hour |
| Apprentice rate | £7.55 per hour |
Payroll Software
You must use HMRC-recognised payroll software to submit Real Time Information (RTI) — a Full Payment Submission (FPS) — on or before every payday. HMRC's own Basic PAYE Tools is free for up to ten employees. Commercial options such as Xero Payroll, Sage 50 Payroll, and QuickBooks Payroll automate RTI submissions and pension contributions.
Each month (or quarter if you pay less than £1,500/month in PAYE/NI) you pay HMRC the total of income tax and National Insurance deducted from your employees, plus your own employer NI, by the 22nd of the following month (19th if paying by cheque).
Step 6 — Auto-Enrolment Workplace Pension
If your employee is aged 22 to State Pension age and earns more than £10,000 per year (£192/week), you must automatically enrol them into a qualifying workplace pension scheme. You cannot opt out of this obligation — it is a legal requirement under the Pensions Act 2008.
| Contribution | Minimum Rate |
|---|---|
| Employer minimum contribution | 3% of qualifying earnings |
| Employee minimum contribution | 5% of qualifying earnings (includes tax relief) |
| Total minimum | 8% of qualifying earnings |
Qualifying earnings are calculated on the band between £6,240 and £50,270 per year (2026/27 thresholds). You must set up your scheme before your employee's start date and submit a Declaration of Compliance to The Pensions Regulator within five months.
Popular pension providers for small businesses include NEST (free, government-backed), The People's Pension, and Smart Pension. Your payroll software usually handles contribution deductions and submissions automatically once linked to your chosen provider.
Step 7 — Take Out Employers' Liability Insurance
Employers' liability (EL) insurance is compulsory by law under the Employers' Liability (Compulsory Insurance) Act 1969. You must hold at least £5 million of cover (most policies provide £10 million) from the moment your employee starts. The fine for not having it is up to £2,500 per day.
EL insurance covers claims by employees who are injured or become ill as a result of their work. You must display your certificate of insurance at each workplace, or make it available electronically. Keep copies for at least 40 years — claims can arise long after employment ends (e.g. industrial disease).
Step 8 — Comply with Health & Safety Law
Once you employ staff you take on additional health and safety responsibilities:
- Carry out a written risk assessment of your workplace (required once you have five or more employees, but best practice from day one).
- Display the Health and Safety Law poster (available free from HSE) in your workplace, or provide each employee with the equivalent pocket card.
- Ensure adequate first aid provision — at minimum a suitably stocked first aid kit and an appointed person to manage first aid arrangements.
- Report injuries, diseases, and dangerous occurrences under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013).
Step 9 — Notify Other Relevant Bodies
Depending on your business, you may also need to:
- Update your data protection (GDPR) records — employee personal data must be processed lawfully and a privacy notice provided to staff.
- Check whether your business activity requires DBS checks (Disclosure and Barring Service) — mandatory for roles involving children or vulnerable adults.
- Register with the Information Commissioner's Office (ICO) if you process personal data beyond your own household (annual fee from £40).
Your Pre-Employment Checklist
| Task | Deadline |
|---|---|
| Register as employer with HMRC | Before first payday |
| Carry out right to work check | Before first day |
| Issue written statement of employment particulars | Day one |
| Set up payroll software and submit FPS | On or before first payday |
| Enrol eligible employee in workplace pension | Within 6 weeks of start date |
| Obtain employers' liability insurance | Before first day |
| Display H&S law poster | Before first day |
| Complete risk assessment | Before first day |
| Submit Declaration of Compliance (pension) | Within 5 months of start date |