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Self employed rights


walkerboys
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Surely though if you're a freelancer you're expected to supply your own standard kit. Meaning saws, ppe and climbing kit. in my experience all the subbies that have come through our door have done this as standard and I'd be using my own saws etc if and when I subby.

 

 

That's fine for occasional work, but if you are working constantly for the same guy then you are "employed" by him and he has obligations in terms of PAYE, NIC's and pension rights.

 

The HMRC website has an anonymous tick test that shows whether you are a sub-contractor or employed.

 

I work regularly for the same firm, but because I use ONLY my own equipment and I dictate how the task is carried out, I sit in the "sub-contractor" box.

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Surely though if you're a freelancer you're expected to supply your own standard kit. Meaning saws, ppe and climbing kit. in my experience all the subbies that have come through our door have done this as standard and I'd be using my own saws etc if and when I subby.

 

I do have my own top handle this is the norm, although a few companies I work for do supply even these. Climbing kit is PPE.

 

I don't feel I am required to provide anything else like ground saws, rigging kit, fuel and winches. I am just an ad hoc employee you employee when there is a higher work load, you have no obligation for providing holiday pay or ppe your kit is not my responsibility if it breaks down or fails unless I was being needlessly reckless with it, same with property.

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I do have my own top handle this is the norm, although a few companies I work for do supply even these. Climbing kit is PPE.

 

I don't feel I am required to provide anything else like ground saws, rigging kit, fuel and winches. I am just an ad hoc employee you employee when there is a higher work load, you have no obligation for providing holiday pay or ppe your kit is not my responsibility if it breaks down or fails unless I was being needlessly reckless with it, same with property.

 

Yeah I see where you're coming from. It's interesting to hear peoples thoughts on it all. I was of the mindset that saws (including ground saws) you'd supply yourself, maybe even rigging kit if it makes your life easier as a climber.

 

But anything like winches and other larger bits of kit was definitely the employers responsibility to provide and maintain.

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I do have my own top handle this is the norm, although a few companies I work for do supply even these. Climbing kit is PPE.

 

I don't feel I am required to provide anything else like ground saws, rigging kit, fuel and winches. I am just an ad hoc employee you employee when there is a higher work load, you have no obligation for providing holiday pay or ppe your kit is not my responsibility if it breaks down or fails unless I was being needlessly reckless with it, same with property.

 

Agreed !!!!

 

 

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Thank you for all your posts like alot of you have said its a merky area also I would be intrested to no weather he has employers liability as if you use self employed lads you don't need it!also when I used to do a lot of subcontracting with my mog and chipper if I broke down on site I couldn't charge the tree surgeon I was working for down time or to fix my mechanical failer it was for me to fix. In tree work nothing runs smoothly all the time it can be a ruff job and things get broken its all part of the job he carnt have self employed lads and make them pay as it suits him then when work goes slow lay them off.i would of given full details of everything but he thinks his boss comes on here from time to time so didn't want to get him in trouble

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Of course if you are self employed you supply your own kit, what exactly will be drawn up between you and the person you are self employed to. Do you want the perks of being self employed and none of the responsibility?

 

As opposed to the bosses who have all guys on a self employed basis, providing their own ppe and sometimes saws working from them 5 days a week.

 

They have the perks of staff but none of the responsibility for sick pay, holidays, CPD, Employers NI contributions and tax. Mmmm.

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As opposed to the bosses who have all guys on a self employed basis, providing their own ppe and sometimes saws working from them 5 days a week.

 

They have the perks of staff but none of the responsibility for sick pay, holidays, CPD, Employers NI contributions and tax. Mmmm.

 

Very true Rich.

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