Who's problem/who pays?

[benedmonds]

A freelancer has his rope cut by an employee while working at a firm.

Id it the freelancers problem and the cost of doing business.

The employed groundie as they actually caused the damage.

Or should the company be replacing the rope as it was their employee who caused the damage..

 

I am interested in others opinions. 

Edited July 15, 2022 by benedmonds

[Steve Bullman]

This has happened to me a couple times and it’s absolutely the employer that I’ve made pay. Weather or not they choose to then deduct it from their employer is down to them, although i wouldn’t imagine they can legally. 
 

 

[doobin]

The company. No question about it. 
 

I’d order a new rope for the freelancer, and make sure everyone rips the piss out of the lad who did it. 
 

“Watch out Timmy, here comes another anaconda slithering out of the tree! Here, use my axe this time!” 

[benedmonds]

So who pays for damage when the freelancer causes damage to the employers kit or during works?

[Rich Rule]

Employer.  
 

It has happened to me a few times.  I have been bought a new rope by them.

[Rich Rule]

1 minute ago, benedmonds said:

So who pays for damage when the freelancer causes damage to the employers kit or during works?

Depends on the circumstance.  I have used freelancers and it was my decision to use them.  If they are negligent and something happens, it is down to me.  After all I chose to have them in.

 

In the past Inuave paid for damage and then never used that guy again.

 

As I said it depends on the circumstances, are the damages regular or a one off.  If I damage something I usually offer to pay for it.  
 

How valuable are the services of the free lancer to you and you business?

[Retired Climber]

It's entirely down to the contract between the freelancer and the business. As the freelancer is not an employee, employment law does not apply; as both parties are businesses, consumer law does not apply. The answer will be in the contract. What 'usually' happens is of little relevance. 

[Steve Bullman]

5 minutes ago, Retired Climber said:

It's entirely down to the contract between the freelancer and the business. As the freelancer is not an employee, employment law does not apply; as both parties are businesses, consumer law does not apply. The answer will be in the contract. What 'usually' happens is of little relevance. 

Think you’ll be hard pushed to find a freelancer in the uk who had any sort of a contract in place with anyone they work for.

 

Comes down to decency at the end of the day. If either party are disgruntled and an agreement isn’t reached then they simply won’t work together again 

[Retired Climber]

Just now, Steve Bullman said:

Think you’ll be hard pushed to find a freelancer in the uk who had any sort of a contract in place with anyone they work for.

 

Comes down to decency at the end of the day. If either party are disgruntled and an agreement isn’t reached then they simply won’t work together again 

Everyone has a contract. However, I agree that it's unlikely that this would be covered. It's the easiest way to avoid any ambiguity should the situation arise though. 

 

Personally, I'd let common sense prevail. If the freelancer does something daft, they pay, if an employee does something daft, the employer pays. If nobody does anything daft and something is damaged anyway, maybe 50 / 50. The only rule really is that an employee never pays, as that's a can of worms and a half (especially if they are earning close to minimum wage). 

[john87]

1 hour ago, benedmonds said:

So who pays for damage when the freelancer causes damage to the employers kit or during works?

Depends if the "freelancer" is PROPERLY self employed or not. If he is a "labour only subcontractor" then he is not self employed at all, and is an employee of the firm, so the firms problem. [and no, a firm cannot make deductions out of your wages unless that is written into your contract]

 

john..