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PEO explained
Employer of Record vs PEO: What Is the Difference?
If you are expanding your team across borders, you have probably come across two terms that sound almost identical: Employer of Record (EOR) and Professional Employer Organisation (PEO). They both help with hiring and HR, so it is easy to assume they do the same thing. They do not.
The difference matters, especially if you are hiring in the UK. Choosing the wrong model can leave you exposed to compliance risk, unexpected costs, or worse, an employment structure that does not actually work for your situation.
This guide breaks down exactly how EORs and PEOs differ, when to use each one, and what that means for your business.
What is the difference between an Employer of Record and a PEO?
An Employer of Record (EOR) is the sole legal employer of your workers in a country where you do not have your own entity. It handles payroll, tax, benefits, and compliance with local employment law. Your company manages the employee's day-to-day work, but the EOR is the one HMRC sees as the employer.
A Professional Employer Organisation (PEO) enters into a co-employment arrangement with your company. Both the PEO and your company are considered employers, and responsibilities are shared. Crucially, in most cases you need your own local legal entity to use a PEO.
The practical difference is straightforward: an EOR lets you hire without setting up a local company. A PEO helps you manage HR once you already have one.
What is an Employer of Record?
An Employer of Record is a third-party organisation that becomes the legal employer of your workers in a specific country. In the UK, this means the EOR issues the employment contract, operates PAYE and National Insurance, manages pension auto-enrolment, and ensures compliance with UK employment law.
Your company, meanwhile, retains full control over the employee's day-to-day work. You decide what they do, how their performance is measured, and what projects they work on. The EOR does not get involved in management.
Think of it as a split: the EOR is the legal employer, and your company is the managing employer. The employee works for you, but the EOR handles the paperwork, payroll, and legal compliance. It is a model that has been used since the 1960s, originally in the United States to help companies employ people across state lines. Today, it is used globally.
How an EOR works
The EOR model follows a simple process:
You source, interview, and select the person you want to hire.
The EOR creates a locally compliant employment contract that meets all the requirements of UK employment law, including the principal statement required by the Employment Rights Act 1996.
This includes right-to-work checks, payroll registration, pension enrolment, and any other local requirements.
You manage their work, and the EOR handles the administrative and compliance side.
The whole process can be completed in a matter of days, which is one of the main advantages of the EOR model.
What is a Professional Employer Organisation (PEO)?
A Professional Employer Organisation provides HR services to businesses through a co-employment model. The PEO becomes the employer of record for tax and benefits purposes, while your company remains the employer for day-to-day management.
In a PEO arrangement, the PEO typically handles payroll, benefits administration, HR compliance, and workers' compensation. Your company handles hiring, management, and the actual work the employee does.
The key thing to understand is that a PEO does not employ people on your behalf in the way an EOR does. Instead, it shares the employer responsibilities with you. This is why you usually need your own legal entity in the country where the PEO operates.
How a PEO works
The PEO model works like this:
You have already set up a subsidiary or branch in the country.
Both your company and the PEO are listed as employers.
Payroll, benefits, tax filings, and compliance are managed by the PEO
You recruit, manage, and direct the employee's work.
PEOs are most common in the United States, where they originated to help small businesses access better benefits and manage HR compliance across multiple states. In the UK, the PEO model is less established, and most businesses that need HR outsourcing either use an EOR or engage a managed payroll provider.
EOR vs PEO: the key differences
Now that you understand both models, let us look at exactly how they differ across the factors that matter most.
This is the biggest practical difference. An EOR does not require you to have a local entity. The EOR is the legal employer, so you can hire in a country without setting up a company there.
A PEO, on the other hand, almost always requires you to have your own local entity. The PEO enters into a co-employment arrangement with your existing company, so your company needs to exist in that jurisdiction first.
With an EOR, the compliance and employment liability sits with the EOR. If there is a payroll error, a missed pension contribution, or a failure to comply with UK employment law, the EOR is responsible. This is a significant advantage for international employers who may not be familiar with local regulations.
With a PEO, liability is shared. Both your company and the PEO have employer obligations, and the split depends on your co-employment agreement. In practice, this means you still carry a significant portion of the compliance risk.
Both models let you manage the employee's day-to-day work. You decide what they do, how their performance is measured, and what projects they work on.
The difference is in the administrative side. With an EOR, the employment contract is between the employee and the EOR. Any changes to the contract, such as a pay rise, a change in hours, or a new job title, must go through the EOR. With a PEO, you typically have more direct control over these administrative changes, though they are still processed through the PEO's systems.
EORs are designed for international hiring. They operate across multiple countries, each with its own local entity and compliance expertise. This makes them ideal for companies hiring in several countries at once.
PEOs are typically domestic. They operate within a single country (usually the United States) and are designed for businesses that already have a presence there. If you need to hire in multiple countries, you would need a PEO in each one, which is rarely practical.
