Sub contractor but also team leader

[Mesterh]

Let's assume they are a bona fide subby where does everyone stand?

 

 

 

[Ratman]

Let's assume they are a bona fide subby where does everyone stand?
 
 
 

Depends if one bona-fide is hiring the other? Or are they both being hired in by someone in the background.
I’d of said who ever provides the initial job instruction / who pays the wages will hold the cards on liabilities.

[Tree Surgeon Insurance]

What does the bona fide subby do and how do they get paid? 

[Mesterh]

The subby is asked to look at and price a job. He does the job when he can schedule it in. He gets paid on whatever terms they have discussed.

 

I'm not talking about a 'subby' who just comes in on a daily basis and gets paid on a day rate,  ie they should be an employee.

 

[AA Teccie (Paul)]

18 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. 

"The employer" is the duty-holder and, as far as I am aware / understand, it is they who should hold the 'EMPLOYERS Liability' insurance (which is a legal requirement under the EL (Compulsary Insurance) Act 1969.

 

I really don't see how this could be transferred to a LOSC, i.e. free-lance climber acting as a Team Leader.

 

Cheers,

Paul

[Tree Surgeon Insurance]

Paul, I agree but some of the rubbish we hear makes you wonder. 

[AA Teccie (Paul)]

48 minutes ago, Tree Surgeon Insurance said:

What does the bona fide subby do and how do they get paid? 

As a matter of interest, well to me anyway , within 'Approved Contractor Scheme' we make EL insurance a mandatory / conditional requirement regardless of 'how' an employer engages their staff. That way it safeguards both parties...and yes, the AA.

 

 

[Tree Surgeon Insurance]

44 minutes ago, Mesterh said:

The subby is asked to look at and price a job. He does the job when he can schedule it in. He gets paid on whatever terms they have discussed.

 

I'm not talking about a 'subby' who just comes in on a daily basis and gets paid on a day rate,  ie they should be an employee.

 

This is one that depends on a lot of factors. The term subby normally denotes a labour only subby, who would be deemed to be an employee. The payment on whatever terms they have discussed is open. A bona fide sub contractor, as a rule will do the job for a fixed price (profit and reward) and bring his own staff in to assist.  I use the term as a 'rule' because every case is different.  We have also seen jobs passed down the line to what to me are clearly defined business's which I would put def in the bona fide group, then something goes wrong. The in come the solicitors letters stating they were labour only etc  etc.

[Doobop]

I’m pretty sure an insurance company would happily take my money to insure my unicorn.
The fact that I actually don’t have a unicorn wouldn’t bother them that much.

Is your unicorn bone-fide though mark ?[emoji6]

[monkeybusiness]

A bona fide subcontractor would definitely need all of their own insurance, full stop. If you are confused as to whether you are bona fide (or are employing someone in such a capacity) then you need to get your stall set out properly and remove any ambiguity.

If you are a labour only subby you don’t need any insurance.