Going freelance

[skyhuck]

a recent court case (withing the last 3 years) found a company liable after a freelance climber was working and had an accident , several points were raised 1- whos risc assessment was he on ?? , had he provided HIS own kit to carry out the job that HE was doing ?? etc etc . the court determined that he was resposible for his own insurance as he was providing a service weather it be to a third party of not .

 

Don't follow you??

 

You start by saying "court case found a company liable" BUT end by saying the freelancer was responsible?????

[combined tree services]

basicly a guy was brought in by a company to do some climbing as a freelanc climber , while working he cut himself out of a tree causing him to fall to the ground being slowed down by several limbs on the way . after leaving hospital he tried to sue the company , the company replied to his solicitor and refused to take liability this carried on for about 18 months before it went to court , the court hearing lasted a day , they found the company not guilty because he was using his own kit (with no LOLER) to carry out a job for a company as a freelance climber and that he was responsible for his own insurance .

 

sorry i have just read my previous post and can see how it made no sence lol

[woodmad]

Freelancing is in the description on the 'engagement'..

 

I employed freelance climbers on a 'labour only' basis, and i gave them a 'contract of engagement', which like an employee sets out the terms of their work. I stated that i would insure them as i was providing the work, and like huck said if they were giving a price and manageing the job then that was under different terms.. a bit like us as a company working for a bigger company. Its how you are 'contracted'

 

As a freelancer you must establish this 'contract' before working, and set out payment terms etc. People only get 'burnt' due to vagueness IMO.

 

Write it all down, get signatures etc etc, its annal but it will protect your annus one day .. believe me:biggrin:

[Mesterh]

basicly a guy was brought in by a company to do some climbing as a freelanc climber , while working he cut himself out of a tree causing him to fall to the ground being slowed down by several limbs on the way . after leaving hospital he tried to sue the company

 

Sorry to hear the guy had an accident and hope he is ok but that highlighted bit just is not right at all IMO, UNLESS, he was put under a lot of undue pressure to get job done etc.

[combined tree services]

Sorry to hear the guy had an accident and hope he is ok but that highlighted bit just is not right at all IMO, UNLESS, he was put under a lot of undue pressure to get job done etc.

 

the whole thing from start to finnish was not right IMO the company he was climbing for were amazed when they got the letter from his NO WIN NO FEE claims company - i knew the expert witness that was involved with the case and he could not believe that the guy had done it , basicly it was the guys own fault that he fell out of the tree was the exact words of the expert witness when he was talking to me about it ,

 

i was not trying to prove a point as such but mearly putting accross a possibility of what can happen , and totally agree that a written contract should be used at least that way everyone knows where they stand

[woodmad]

He was probably sat at home watchin daytime tv bomberded with adverts about no win no fee and thought he could make a quick buck.

 

Didn this happen to you huck ?

 

Wrote this as the above was written ..doh

[dillsue]

With or without a written contract of employment or contract for services the guy has a legal and moral obligation not to cut his own rope! The company should have reported him to the HSE the moment the letter was recieved from the solictor and pushed for a prosecution for not LOLERing his kit. That threat may well have made his parasite solicitors see the error of the climbers ways!

[combined tree services]

With or without a written contract of employment or contract for services the guy has a legal and moral obligation not to cut his own rope! The company should have reported him to the HSE the moment the letter was recieved from the solictor and pushed for a prosecution for not LOLERing his kit. That threat may well have made his parasite solicitors see the error of the climbers ways!

 

the accident had alredy been reported to the hse under Riddor . TBH i think alot of this is caused by the crazy blame culture that we live in

[skyhuck]

He was probably sat at home watchin daytime tv bomberded with adverts about no win no fee and thought he could make a quick buck.

 

Didn this happen to you huck ?

 

Wrote this as the above was written ..doh

 

Yes, I had a labour only casual worker, subie, self employed individual (call them what you wish)

 

He was doing the odd day for me, he climbed over a 4ft fence (was not asked too) and broke his leg.

 

4 months later I got a letter form a "no win no fee" firm.

 

My insurers fought it.

 

Ended up being settled as 60% my fault 40% his.

 

Cost my insurer £18K, £8K costs, £10K for him, mostly loss of earnings, he was in a pot for months.

[tommer9]

TBH i think alot of this is caused by the crazy blame culture that we live in

 

:congrats: