Do i need ELP

[Robhtc]

Hi all, here's my situation. 

So I am employed as a tree surgeon with one other bloke and we have full acces to truck, chipper and tools outside of work. I also have a small gardening buissness I run in spare time with a turnover of around 3k a year. My question is, if me and my colleague do a private job together with works equipment, does one of us need employers liability insurance and if so who? We both have public liability insurance individually. Could I consider him a bonified sub contracter as its not my equipment? If one of us ever got tax audited, would they pick up on The lack of employers liability? I would just get get it anyway and be done with it but for the occasional job, the £650 premium would destroy my profit margine completely. I don't want to be over cautious but where fines of £2500 a day are concerned, I'm wary. Many thanks

Rob

[monkeybusiness]

Who bills the customer? They need EL. 

[Dan Maynard]

The only case to not need EL is if you are engaged separately by the customer, but if you are working together using the same gear then I can't see you would be deemed separate. EL costs me about £300 on a small operation so I don't think as bad as £650.

Tax is a different issue...

[benedmonds]

22 minutes ago, Dan Maynard said:

The only case to not need EL is if you are engaged separately by the customer, but if you are working together using the same gear...

I am not sure that is true.. It was 15 years ago but pretty sure when just me and business partner we did not need EL.

[Jamie Jones]

It won't be the Taxman that picks you up for not having employers liability insurance. When you come a cropper will be if anything goes wrong and H&S gets involved.

Who ever is invoicing for the job needs to have the employers liability insurance to cover the other party working for them.

 

[benedmonds]

1 minute ago, Jamie Jones said:

Who ever is invoicing for the job needs to have the employers liability insurance to cover the other party working for them.

 

Probably true if both sole traders but if partnership...?

[htb]

16 minutes ago, benedmonds said:

I am not sure that is true.. It was 15 years ago but pretty sure when just me and business partner we did not need EL.

We were the same when working on jobs with my wife, we were business partners we did not have EL. Once we started bringing in other help as groundies or climbers we got EL

[Mick Dempsey]

Personally I think prog rock was an evolutionary dead end, interesting but ultimately irrelevant, so no, you do not need ELP.

[Jamie Jones]

30 minutes ago, benedmonds said:

Probably true if both sole traders but if partnership...?

If in a partnership? Is it formally set up as a Partnership? If not then it won't count

[htb]

We are formally set up as a partnership for that reason.