Self employed rights

[Marc Lewis]

As a self employed person he should be supplying all kit he needs to do the job. However in reality this rarely happens and the self employed use bosses kit such as chipper and other tools which are either expensive or rarely used.

 

As others have said, unless it was wilful or neglect I think its a bit rich to ask him to pay.

[likeitorlumpit]

Great idea:confused1:

Get in self employed climbers and give them old kit which then breaks and you get them to pay for replacement.

Bound to leave a bad taste.

If he was using it wrong or dropped it then maybe 50/50 but you have to ask who really benefits from 'self employed' staff. Long term, it's a tax & PAYE fiddle. Whoever is giving him work must take the downside.

[Gentle Ben]

From a legal point of view the boss should pay. It's his kit and was broken when being used on a job he was receiving money for. A true self employed person supplies his own kit and is responsible for any damage to it. Your pal's arrangement sounds like a clumsy attempt by his boss to avoid employer's paye and NI costs and employment law rights for his men.

 

From a practical point of view your pal needs to consider the cost of replacing the kit against what might happen if he refuses to do so. If the boss stops using him will he be able to pick up other work?

[treequip]

From a legal point of view the boss should pay. It's his kit and was broken when being used on a job he was receiving money for. A true self employed person supplies his own kit and is responsible for any damage to it. Your pal's arrangement sounds like a clumsy attempt by his boss to avoid employer's paye and NI costs and employment law rights for his men.

 

From a practical point of view your pal needs to consider the cost of replacing the kit against what might happen if he refuses to do so. If the boss stops using him will he be able to pick up other work?

 

You aren't the first person to say that but it's not strictly true.

 

A true sub contractor will usually provide his own kit but that's not necessarily true of a freelancer. Some, particularly in tree work may bring kit (particularly PPE) but take machine operator as an example.

 

A forwarder driver wouldn't bring a forwarder same as a groundie wouldn't bring a chipper.

[Warners]

This happens ALOT more than you'd guess. All trades, not just tree work.

I know of a company (quite a large, ArbAC company) that has around 8 people full time, but they're self employed!

 

Anyway...back to topic.

 

it's my understanding that if you work predominatly for one one firm then you should be PAYE and on the firms books. I suspect HMRC will take a dim view of any other arrangement as the firm won't be making employer NI contributions.

 

Plus at least this way any breakages will be down to the firm. Any compnay that makes employees pay for breakages is a poor show indeed.

[Warners]

From a legal point of view the boss should pay. It's his kit and was broken when being used on a job he was receiving money for. A true self employed person supplies his own kit and is responsible for any damage to it. Your pal's arrangement sounds like a clumsy attempt by his boss to avoid employer's paye and NI costs and employment law rights for his men.

 

From a practical point of view your pal needs to consider the cost of replacing the kit against what might happen if he refuses to do so. If the boss stops using him will he be able to pick up other work?

 

Yes. You're right. The boss could be in hot water with the authorties although it is a practice used by some to avoid paying NIC.

[Mike Dempsey]

Another aspect to this is if your mate has an accident. Does his boss have any insurance? Public liability wouldn't cover him as he is not a member of the public. Due to the employment status of your mate it could be a very murky area and it could possibly end up with him receiving nothing if he was injured eg using his bosse's old and dangerous equipment. Worth investigating before it happens I think!

[Steve Bullman]

Whole lot of opinions been thrown around here based on a very vague first post

 

 

Sent from my iPhone using Arbtalk

[Marc]

As a self employed person he should be supplying all kit he needs to do the job. However in reality this rarely happens and the self employed use bosses kit such as chipper and other tools which are either expensive or rarely used.

 

As others have said, unless it was wilful or neglect I think its a bit rich to ask him to pay.

 

Hows is the reallity that a self employed person should supply their own kit to do your work? I supply my own PPE and that's it if you want me to fell a tree your contracted to do i will use your kit its your job.

[jeanesy]

Hows is the reallity that a self employed person should supply their own kit to do your work? I supply my own PPE and that's it if you want me to fell a tree your contracted to do i will use your kit its your job.

 

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.