am i insured? please help!

[18 stoner]

He is saying you are employed by him. You aren't. The client is employing you.

 

Therefore either the employer needs the insurance or you do. Your "mate" doesn't even come into the equation.

[James Atkinson]

that i understand, so if he was to pay me directly from now on would i then be covered under his insurance?

[18 stoner]

In theory yes. Some insurances differ so it would be best for YOU to contact HIS insurance Co and get the finer details. Explain to them exactly what the set up is. A point worth quizzing them about is their definition of a "bonafide subcontractor"

 

They are the ones to ask really mate, it's a can of worms such as do you do any work for anyone else? If not you may have issues with inland revenue. If you do other works, what's the insurance set up there?

 

If I were to be frank, if you intend being self employed and doing the job right you need to get brushed up on the legalities.

[Jesse]

hi i work with the same guys all the time, we are all self employed and get the clients to pay us all directly, if that makes sense, the main guy has full insurance, and has us named down on it along with public liability, now the question is would i be covered if somthing happened, or would his insurance company simply say i should have my own insurance as i am self employed? im guessing this has been discussed before, they are his jobs and he gets all the work, but if the client pays me, does that legally become mine? hope this all makes sense

 

Mark has hit the nail on the head, lets just say you took payment , your turn to have your name on the invoice, you all go home, great day, lots of pennies earned, tax man has a bad day, all happy, First case scenario, 6 weeks later your LPA make enquiries as to who pruned the TPO'd tree with out permission ? YOU, next one 6 mths later subsidence, next one just after you finished the job, just before you went to the pub, some one tripped and hurt them selves , while watching TV 18 MTHS later after seeing ' Have you been injured and not your fault ? ' I hope you see where this is going, you may even been asked on the day of the job by the client , is that tree safe, will it effect my house, are those leaves poisonous, will it effect my drains the list goes on, while the first years insurance may be expensive it should be incorporated into your costing's for work , I can't believe any one would skimp on this one. just so you don't think i'm coming down hard on you, I suspect their are lots on arbtalk who are under insured BUT NOT ME I VALUE MY HOME TOO MUCH.

[Jesse]

Mark has hit the nail on the head, lets just say you took payment , your turn to have your name on the invoice, you all go home, great day, lots of pennies earned, tax man has a bad day, all happy, First case scenario, 6 weeks later your LPA make enquiries as to who pruned the TPO'd tree with out permission ? YOU, next one 6 mths later subsidence, next one just after you finished the job, just before you went to the pub, some one tripped and hurt them selves , while watching TV 18 MTHS later after seeing ' Have you been injured and not your fault ? ' I hope you see where this is going, you may even been asked on the day of the job by the client , is that tree safe, will it effect my house, are those leaves poisonous, will it effect my drains the list goes on, while the first years insurance may be expensive it should be incorporated into your costing's for work , I can't believe any one would skimp on this one. just so you don't think i'm coming down hard on you, I suspect their are lots on arbtalk who are under insured BUT NOT ME I VALUE MY HOME TOO MUCH.

 

In short me old cocker, you are being shafted by your mate

[Le Sanglier]

In theory yes. Some insurances differ so it would be best for YOU to contact HIS insurance Co and get the finer details. Explain to them exactly what the set up is. A point worth quizzing them about is their definition of a "bonafide subcontractor"

 

They are the ones to ask really mate, it's a can of worms such as do you do any work for anyone else? If not you may have issues with inland revenue. If you do other works, what's the insurance set up there?

 

If I were to be frank, if you intend being self employed and doing the job right you need to get brushed up on the legalities.

 

I am not sure that contacting his insurance company and spilling the beans is a good idea.

[treequip]

hi i work with the same guys all the time, we are all self employed and get the clients to pay us all directly, if that makes sense, the main guy has full insurance, and has us named down on it along with public liability, now the question is would i be covered if somthing happened, or would his insurance company simply say i should have my own insurance as i am self employed? im guessing this has been discussed before, they are his jobs and he gets all the work, but if the client pays me, does that legally become mine? hope this all makes sense

 

What sort of insurance????

 

For work there is Employers Liability (EL) and Public liability (PL)

 

The only relevant insurance you can be "named " on is liability cover for driving so him telling you that you are named smells a bit hinkey to me.

 

If he employs you he needs to have employers liability insurance, this is a compulsory insurance and there are some chunky penalties for not having it.

 

If your relationship with the client is as a contractor you PL insurance would be a good idea but it is not mandatory, if you don't have it and duck it up you could be sued for everything you own.

 

From what you describe he engages your services, you receive your instruction from him and the only relationship you have with the client is payment. IMO English law would regard you as a freelance employee, and his "unusual" practices on payment are little more than an attempt to avoid tax.

 

If you were instructed by the client and organised the job with the other workers doing your bidding you would definitely be wise to get a PL and EL policy, anyone who works under your instruction (paid or not) is regarded in law as an employee.

[Hodge]

As the others have said your mate wants to have his cake and eat it, the tax man aint daft and in his eyes what your mate is doing is wrong. He is the job keeper and you guys are working through his instruction therefore he should have EL and PL to cover all eventualities.

 

 

Sent from Outerspace.

[Gentle Ben]

In English law there in no such concept as a freelance employee. You are either an employee or a self employed subcontractor. I agree that this arrangement is set up to avoid tax. If you were to bring a claim in the employment tribunal the fact that you get paid by the client would not be determinative of b

[Ian C]

no its so it keeps his income down so he can pay less tax, which makes sense, if we were to all be employed by him we would have to be VAT registered, not what we want really

 

Why would you have too be vat reg if you did it right? That goes on turn over and if you have to be so be it, I am .

 

You said In you later post you want to do things right ? What your doing is far from being right.

 

I suggest you tell him you all work for him and he does all the invoicing and you all grow a pair!

Edited August 30, 2013 by Ian C