sub contractors

[teresa green]

I heard on the grapevine today that in recent time legislation around PPE and sub contractors has changed. As in if a sub contractor works mon-fri for a company, that said company has the duty to supply the subbie with PPE. Does anyone know anymore about this? Thanks

 

[Dan Maynard]

Didn't know but looks like you have heard right

 

https://www.hse.gov.uk/ppe/ppe-regulations-2022.htm

[Stubby]

24 minutes ago, teresa green said:

I heard on the grapevine today that in recent time legislation around PPE and sub contractors has changed. As in if a sub contractor works mon-fri for a company, that said company has the duty to supply the subbie with PPE. Does anyone know anymore about this? Thanks

 

The thing is the potential subbie is unlikely not to already have all the required PPE I would have thought ?

[teresa green]

1 minute ago, Stubby said:

The thing is the potential subbie is unlikely not to already have all the required PPE I would have thought ?

Well of course, but renewing your boots, trousers etc multiple times a year can be a sting

[Stubby]

Just now, teresa green said:

Well of course, but renewing your boots, trousers etc multiple times a year can be a sting

Ah , got you . You are the potential subbie ! . Thought you were about to employ one . Sorry .

[Gordon S]

My understanding is if a sub contractor works for a company mon-fri he is an employee and needs to be treated as so with paid holiday, sick pay ,ppe, pension etc. I know of an employer who was fined £100k plus for abusing this.

It has been discussed before on here but it goes something like this:

Who is an employee?

An individual who works for a business is an employee if the majority of the statements below are considered true:

• Have a set number of hours e.g 9am to 5pm, 5 days a week
• Must work the hours above unless on sick leave, holiday leave, etc
• Are paid hourly, weekly, monthly or an annual rate
• Can be paid overtime
• Are paid whether there is any work or not
• The work to be done is decided by the employer (how, when, what and where)
• Must do the work themselves
• Are provided with tools, equipment, computers, etc by the employer
• The contract is open ended (after any probation period)
• Have a company email address and business cards
• Have a uniform or use company vans, etc

Who is a subcontractor?

An individual who works for a business is a subcontractor if the majority of the statements below are considered true:

• Can choose what hours they work
• They quote for contracts
• Are paid per contract, regardless of how long this takes to complete
• Work for numerous different businesses
• Can make a profit or a loss on a job by job basis
• They make the decisions on the work to be done (how, when, what and where)
• Can hire other people to do all of the work or assist them
• Provide their own tools and equipment or possibly hire them
• The contract is for a fixed period
• Have an email address and business card for their business only
• Any uniform has their name on and not the contractor. They use their own van.

 

There is also an employment status checker on the HMRC website to get a correct decision.

 

[Puffingbilly413]

2 hours ago, teresa green said:

I heard on the grapevine today that in recent time legislation around PPE and sub contractors has changed. As in if a sub contractor works mon-fri for a company, that said company has the duty to supply the subbie with PPE. Does anyone know anymore about this? Thanks

 

'As every employment relationship will be specific to the individual and employer, the precise status of any worker can ultimately only be determined by a court or tribunal.

 

Please note: These changes do not apply to those who have a ‘self-employed’ status.'

 

Looks not to apply to the genuinely self employed?

[Rich Rule]

2 hours ago, teresa green said:

I heard on the grapevine today that in recent time legislation around PPE and sub contractors has changed. As in if a sub contractor works mon-fri for a company, that said company has the duty to supply the subbie with PPE. Does anyone know anymore about this? Thanks

 

That is basically because they are classed as an employee.  As an employer all kit, holidays, sick and pension should be covered.

 

Once again the term sub contractor (subbie) is used incorrectly.

 

 

[Dan Maynard]

2 hours ago, Gordon S said:

There is also an employment status checker on the HMRC website to get a correct decision.

 

Different stuff, theres a set of description on "limb b" workers on the HSE website. This is a new rule as of April this year, distinct from tax.

 

HSE is where Puffingbilly was quoting from, and it does say not applying to the self employed.

[eggsarascal]

10 minutes ago, Dan Maynard said:

 

 

HSE is where Puffingbilly was quoting from, and it does say not applying to the self employed.

I'm probably missing something again.

 

How can someone be a subcontractor and not be self employed?