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Sub contractor but also team leader


David Dobedoe
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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.

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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.

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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! 

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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?

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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.

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