Sub contractor but also team leader

[David Dobedoe]

Quick heads up... I've been checking out insurance issues and and it has become clear that when working as a sub contractor, if you take on a leadership role or are supervising others you need your own employers liability. 

 

 

 

 

 

 

[topchippyles]

Depends on the firms cover you contract to.

[David Dobedoe]

Maybe, but having spoken with both Aborisk and Trust who i understand to be the main suppliers of arboricultural insurance in the uk it would seem that as soon as your in a supervisor role and self employed / sub contractor you are carrying employer type responsibility on site. I flagged this because i suspect it affects quite a few people. Would be keen to hear about exceptions.

[Steve Bullman]

ha, I wonder if the people employing subbie climbers are going to be happy with an extra £40+ on their day rate to pay for their own employers liability

[eggsarascal]

7 minutes ago, Steve Bullman said:

ha, I wonder if the people employing subbie climbers are going to be happy with an extra £40+ on their day rate to pay for their own employers liability

I'd guess not, but if this is correct and trade wide I've been freelancing for a long time with no insurance.

[Steve Bullman]

Yep me too 

[Tree Surgeon Insurance]

Employers Liability Insurance is a legal requirement if you are using labour only subbies, with very few exceptions.  You can find a lot more information on this at   https://www.treesurgeoninsurance.co.uk/guide/ .

 

The insurance guide gives some examples of a labour only subbie. I would also point out that it does not depend on the cover the lead contractor has, It is all about the relationship with them. It is almost impossible for a groundsman or climber on  day rate to be a bona-fide subbie.  It a real shame that after being the law for 50 years we still have to debate this issue! 

[eggsarascal]

45 minutes ago, Tree Surgeon Insurance said:

Employers Liability Insurance is a legal requirement if you are using labour only subbies, with very few exceptions.  You can find a lot more information on this at   https://www.treesurgeoninsurance.co.uk/guide/ .

 

The insurance guide gives some examples of a labour only subbie. I would also point out that it does not depend on the cover the lead contractor has, It is all about the relationship with them. It is almost impossible for a groundsman or climber on  day rate to be a bona-fide subbie.  It a real shame that after being the law for 50 years we still have to debate this issue! 

Can you explain this in layman's terms. I freelance into a few companies and I'm often written into RAMS as the Lead Engineer/Forman/Ganger. Are you saying I need EL if I'm doing this even if I'm under another company's instruction?

[Tree Surgeon Insurance]

Well its hard to be exact without really discussing this fully but if you are being 'told' you are in charge by somebody you clearly aren't-they are giving the orders.  If you want o call us then feel free 01732 373864. Ask for Simon

[eggsarascal]

4 hours ago, Tree Surgeon Insurance said:

Well its hard to be exact without really discussing this fully but if you are being 'told' you are in charge by somebody you clearly aren't-they are giving the orders.  If you want o call us then feel free 01732 373864. Ask for Simon

The answer is no then?

 

None of us can lead another company's crew for a day on a freelance basis and need EL.