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Avoid Prosecution!


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Avoid Prosecution!!

 

We have just heard of another Tree Surgeon who is in trouble for not having Employers Liability Insurance for his subcontractors. He was incorrectly told by another insurance company (and his mates) that he didn’t need this for his subcontractors. The reason given was that they were self-employed and had their own insurance. This is absolute RUBBISH and now this chap has found out the hard way. There is no grey area for your climbers or groundsmen. These people are not bona-fide subcontractors. If you use subcontractors to assist you and you don’t have Employers Liability Insurance then you are probably breaking the law.

 

If you work as a climber or groundsman for a Tree Surgeon, then make sure your boss has Employers Liability Insurance - even if you are self-employed. Ask to see their certificate. It is your legal right. And if they ask you to have your own insurance then think very carefully about who you are working for. Employers Liability Insurance has been a legal requirement to cover labour-only subcontractors since 1969. And again I stress climbers and groundsmen fall into this category. Wake up and smell the coffee!

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Avoid Prosecution!!

 

We have just heard of another Tree Surgeon who is in trouble for not having Employers Liability Insurance for his subcontractors. He was incorrectly told by another insurance company (and his mates) that he didn’t need this for his subcontractors. The reason given was that they were self-employed and had their own insurance. This is absolute RUBBISH and now this chap has found out the hard way. There is no grey area for your climbers or groundsmen. These people are not bona-fide subcontractors. If you use subcontractors to assist you and you don’t have Employers Liability Insurance then you are probably breaking the law.

 

If you work as a climber or groundsman for a Tree Surgeon, then make sure your boss has Employers Liability Insurance - even if you are self-employed. Ask to see their certificate. It is your legal right. And if they ask you to have your own insurance then think very carefully about who you are working for. Employers Liability Insurance has been a legal requirement to cover labour-only subcontractors since 1969. And again I stress climbers and groundsmen fall into this category. Wake up and smell the coffee!

 

What is the cost of this kind of insurance and do you legally need it no matter if you use a subcontractor climber/groundsman once a year or every week of the year?:confused1:

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Its not as simple as all that.

 

You don't ned EL cover for Bona Fide Subcontractors. That is a subby who works using his own tools and equipment, and who is left unsupervised to get on with the job. So if you employ some one, give him an address and send him off to do a job thats fine. If he's your groundy however then you need EL.

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Its not as simple as all that.

 

You don't ned EL cover for Bona Fide Subcontractors. That is a subby who works using his own tools and equipment, and who is left unsupervised to get on with the job. So if you employ some one, give him an address and send him off to do a job thats fine. If he's your groundy however then you need EL.

 

Sounds like a right gray area for us simple folk who cut down trees:001_rolleyes:

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Its not that grey really, if you work alongside the subby and he is working under your direction then you need EL, even if he brought his own saw....

 

I have subbys in all the time, one has his own business, I give him a job spec and he goes and does it. If he breaks something or has problems then thats his problem. He invoices me when the job is done. Other subbies work along side me or my employees, they are classed as employees and so covered on my EL.

 

Mos commercial jobs demand that you have EL anyway, and to get el cover for the occasional use of a subby will cost buttons, so why not just get it?

 

Thing is nearly everyone has public liability insurance, which is not a legal requirement. PL claims tend to be small, you broke a window or scratched a car..... EL claims on the other hand can be huge. If your subby gets a life changing injury the bill could easily be 6 figures, and you could loose your house and the shirt off your back. Its a no brainer really, get EL cover....

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Easy if your there telling someone what to do using your equipment you need it, if you just hand em a jobsheet only and say let me know when your done and invoice me then you don't as long as they have their own insurance to cover them.

 

So say then for instance you get a job to take down 2 large trees you get a climber in and using his own kit he does one and you do the other one.? It's your job and you just pay him his day rate. How does that work out:confused1:

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