Freelancer/Subcontractor Insurance

[benedmonds]

16 minutes ago, Rich Rule said:

@Khriss

 

Here we go again...

 

That is because after the last thread there were two opposing views and I was not convinced which was correct. I originally believed my freelancers were covered but not so sure now.. and it is something that we should be sure about...

[Steve Bullman]

1 minute ago, benedmonds said:

That is because after the last thread there were two opposing views and I was not convinced which was correct. I originally believed my freelancers were covered but not so sure now.. and it is something that we should be sure about...

Give Simon a call at tree surgeon insurance, he'll lay it down in black and white for you.

[skyhuck]

4 minutes ago, benedmonds said:

That is because after the last thread there were two opposing views and I was not convinced which was correct. I originally believed my freelancers were covered but not so sure now.. and it is something that we should be sure about...

If I were you I'd make sure I'm covered by my MY insurance, if it turns out the freelancer's insurance covers it, happy days, but either way I will sleep easy.

[Mark Bolam]

I’d look at it more simply Huck.

Check your freelancers are covered by your insurance, and if they aren’t then move insurers.

 

Rich’s story bought it home to me, he was insured (as a freelancer) by the same company who were insuring the main contractor.

 

They can’t have it both ways, and they can’t be charging two premiums to cover the same event.

Of course they’d like to, and I’m sure they’d be happy to take money from any freelancers.

 

It always made me laugh when I saw freelancers advertising that they were ‘fully insured’.

 

I’d think ‘Bingo, I’ll get him in to do that 200’ dead pop overhanging the Ferrari garage’.

 

Ben, just ring your insurance company, they will soon clarify.

[AA Teccie (Paul)]

1 hour ago, benedmonds said:

Cheers Paul. But if I understand it correctly a freelance climber to be eligible as self employed have to use their own tools. This means they surely can't be a labour only subcontractor..

They usually have their own climbing kit n pruning saw yeah...hence their own small tools.

Tbh Ben I don't think you'll get 100% reassuring answer but the majority of businesses I deal with operate with freelancers as LOSCs. 

Cheers 

Paul 

[benedmonds]

9 minutes ago, Mark Bolam said:

 

Rich’s story bought it home to me, he was insured (as a freelancer) by the same company who were insuring the main 

 

Ben, just ring your insurance company, they will soon clarify.

My insurance states I have to check that sub contractors have insurance from a different company. So if my insurance believes '"subbies" are subcontractors I have to check they are insured with someone else...

 

Changing insurers will have financial implications.

 

I will contact my insurance but doubt I will get a simple answer. I probably should have done so before starting this thread but it came to mind as we offered paye employment to a freelancer who is working full time for us, but he would rather stay self employed..

[Rich Rule]

Ben, Bona Fide or Labour Only?

 

That should be the question.

 

...and surely having a freelancer working full time is definitely classed as an employee.

 

 

 

Pimlico Plumbers Ltd v Smith

WWW.MISHCON.COM

---

The Supreme Court in Pimlico Plumbers Ltd v Smith [2018] UKSC 29 held that a heating engineer...

 

[eggsarascal]

6 minutes ago, Rich Rule said:

Ben, Bona Fide or Labour Only?

 

That should be the question.

 

...and surely having a freelancer working full time is definitely classed as an employee.

 

Look at the case of Pimlico Plumbers and the case of their worker being deemed Employee and getting back payment of benefits.  I do believe this case was influential in the changing of the employment laws.

You are right Rich, although PP were a plumbing firm to start out with they also have a massive drainage side to the business. The court ruling threw everything in the air for the drainage lads who work for them down the smoke. I can't rember exactly but wasn't it defined who was an employee, who was a freelancer, who was a worker, and who was Bona Fida?, it also made the distinction about tax law and employment law very clear.

[Rich Rule]

Something like that yes.

 

 

[Mark Bolam]

37 minutes ago, benedmonds said:

My insurance states I have to check that sub contractors have insurance from a different company. So if my insurance believes '"subbies" are subcontractors I have to check they are insured with someone else...

 

Changing insurers will have financial implications.

 

I will contact my insurance but doubt I will get a simple answer. I probably should have done so before starting this thread but it came to mind as we offered paye employment to a freelancer who is working full time for us, but he would rather stay self employed..

He can’t do that Ben, it’s totally illegal.

 

Of course bona-fide subcontractors should have their own insurance, but there’s a big difference between them and freelancers.