Avoid Prosecution!

[treequip]

I'd also appreciate you not sending me emails with such dramatised titles thankyou!!!!!!!!!!!!

 

I haven't got one, and I looked in the spam box where I keep all the emails about Nigerian millions that I have yet to claim

[D A Tree Surgeons]

:biggrin:

I haven't got one, and I looked in the spam box where I keep all the emails about Nigerian millions that I have yet to claim

[bumble B]

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....

 

So you are telling these people what to do then paying an invoice on completion of the work you told them to do. Sounds like an employer to me? I think I'll listen to the pro's.

[Matthew Storrs]

So you are telling these people what to do then paying an invoice on completion of the work you told them to do. Sounds like an employer to me? I think I'll listen to the pro's.

 

Not really, otherwise going by that method all your customers should also have EL. If you get a company to complete works on you behalf, they turn up when they want- get the job how they decide best (albeit to your specs) and cover the job with their own staff or equipment then they are a bona-fide subcontractor and they will have their own EL.

If however you employ a labour only subbie- they are working entirely under your direction, they don,t decide how or when the job is going to be run simply just supply their labour then they need to be covered under your EL. they are not bonafide.

[Tree Surgeon Insurance]

You need to have Employers Liability Insurance. Its very simple. Read the section in this guide Tree Surgeon Insurance : TSINS

 

And his insurance is for his jobs and not yours.

[Tree Surgeon Insurance]

The minimum cost of Employers Liability cover is about £200 as a rule but this depends on what you do. Compared to the fine of up to £2500 per day its cheap!. And yes it is the law regardless of frequency. Further information can be found at. Tree Surgeon Insurance : TSINS

[Tree Surgeon Insurance]

Good to see you know your stuff. What do you think of this;

 

Tree Surgeon Insurance : TSINS

[Tree Surgeon Insurance]

Good to see you know your stuff. God I wish everybody would get on with complying with the law rather than clutching at straws to get round it! See what you think of this guide-not that you need it though.

 

Tree Surgeon Insurance : TSINS

[Husky D]

As others have mentioned its not always as clear cut as first thought so definitely worth checking out.

I also received the email and whilst I have no issues with it being sent the tone seemed slightly inappropriate. The fact that the other insurers and the gentlemen in question friends gave him poor or incorrect advice is one thing but you then follow up by saying in highlighted and underlined text "this is absolute RUBBISH. As an Insurer perhaps stating it differently would have sounded more professional? You then follow this up by saying if you use subcontractors and don't have Employers liability you are "probably" breaking the law?

 

I'm always happy for anyone in any industry to help clarify matters as we all hate those "grey" areas open for interpretation but please don't make out that everyone is trying to find a shortcut around not paying for EL and finish off by saying "Wake up and smell the coffee"!

 

Please keep me informed by email and I welcome your input on this forum to give industry advice.

 

 

Sorry if it comes across as a rant but its struck a nerve, perhaps I need to go into starbucks and breathe in deeply?!

[Coletti]

I am well aware of the employers liability for sub contractors but is it not mandatory that all sub contractors must have their own public liability in place as well?