Tree Surgeon Insurance

This is one that depends on a lot of factors. The term subby normally denotes a labour only subby, who would be deemed to be an employee. The payment on whatever terms they have discussed is open. A bona fide sub contractor, as a rule will do the job for a fixed price (profit and reward) and bring his own staff in to assist. I use the term as a 'rule' because every case is different. We have also seen jobs passed down the line to what to me are clearly defined business's which I would put def in the bona fide group, then something goes wrong. The in come the solicitors letters stating they were labour only etc etc.

Paul, I agree but some of the rubbish we hear makes you wonder.

What does the bona fide subby do and how do they get paid?

The question here is are they a bona fide subby? It is pretty much impossible for a climber or groundsman on day rate to be a bona fide subby, so the law would see them both as employees. Maybe in a different scenario such as having somebody in with a JCB it could be different. You should be very careful about mixing bona fide subbies and labour only subbies. You are required by law to display your EL certificate and then if a bona fide subby is in a position to see it, an assumption could be made.... and yes this does happen. As always whether customers of ours or not you are free too call for further advice. Tree Surgeon Insurance 01732 373864

Well its hard to be exact without really discussing this fully but if you are being 'told' you are in charge by somebody you clearly aren't-they are giving the orders. If you want o call us then feel free 01732 373864. Ask for Simon

Employers Liability Insurance is a legal requirement if you are using labour only subbies, with very few exceptions. You can find a lot more information on this at https://www.treesurgeoninsurance.co.uk/guide/ . The insurance guide gives some examples of a labour only subbie. I would also point out that it does not depend on the cover the lead contractor has, It is all about the relationship with them. It is almost impossible for a groundsman or climber on day rate to be a bona-fide subbie. It a real shame that after being the law for 50 years we still have to debate this issue!

Good answer. But why would you insure your TV, tools or pets on that basis. Also the best type of polices have a maximum claim period to age 65, not just one or two years. You should get a quote!

So why would anybody not have it? A lot of people think they are covered at work. But Employers Liability Insurance covers the employer and not the staff. It is something everybody should consider.

Steve yes thanks for your patience on this and yes you did a great job. The big questions is why do most Arborists insure their chainsaws and not their eyes??

Well it really is people have done nothing or hugely over reacted. I have had our own clients emailing us requesting permission to keep our email details??? I spoke to a firm of accountants who will only use post because it is not covered by GDPR??? They seemed to think that you had to stop sending stuff by emails. I guess your view is that people join a chat site to communicate so there is a bit of an soft opt into Arb Talk? Everybody seems to have panicked.

The Burning Are you aware that the new data protection rules have now come into play? These have profound implications for all businesses but it seems people have either hugely over reacted or not reacted at all! So have you burnt your client’s details in order to comply or have you taken the view that you have a existing relationship where ‘communication is part of that relationship’? We keep getting asked what people should do. So here is our advice: • Look at https://ico.org.uk/…/guide-to-the-general-data-protection-…/ • Listening to https://www.bbc.co.uk/programmes/b09xcshq • Make sure you can justify why you hold personal data – for staff/ subbies/ customers and prospects • Don’t over react. Don’t destroy the data you hold without looking at the rules So what are you doing to comply? Please don’t say nothing as we all hold data in some form.

The issue is most subbies are not Bona fide. They fall under the labour only sub contractors definition.

How is that scare mongering ? It is a very high profile case with huge implications for subbies in all industries.

Plumber Kills Subbies! https://www.bbc.co.uk/news/business-44465639 Time to evolve????? If you need a business insurance quotation please call us now on 01732 373864 www.tsins.co.uk

We frequently talk about labour subbies here but another important question is what makes somebody a bona-fide subcontractor. Before I discuss this, it is important to make it clear that there is NO cast iron criteria and this discussion is meant as broad guidance and you need to discuss this with your own legal advisers. So, what is a bona fide subcontractor? Well it’s difficult to be exact as the definition has many variables. It is easier to give a specific example of when somebody ‘might’ be a bona-fide subcontractor. Let’s say you get a JCB and driver in to clear some earth or dig a hole. They have their own very expensive plant, which you do not know how to use, so therefore you cannot instruct them or take charge. They have quoted you a rate for the job and not an hourly or daily rate. They are working for profit and reward. They have their own safety procedures, insurance, work under their own steam and without your supervision. They won’t be working under your instruction as they are very much the expert in this area. If this is the case it is likely the JCB owner and driver will be deemed to be a ‘bona fide subcontractor’. So what is a labour-only subcontractor then? Well again it’s is difficult to give an exact definition but let’s run with an example to demonstrate the difference. You use a self-employed groundsman or climber to assist you. You tell him what time to start and the way you are planning to tackle the job. You will be instructing him even by saying start at 8am. Clearly you are in charge and as such you are responsible for his health and safety. You are very unlikely to have a bona fide subcontractor relationship with any climber or groundsman. In fact, it is almost impossible. If you use labour-only subcontractors then with very few exceptions the law requires you to have Employers’ Liability Insurance. You need to be aware that this is an example only. There is never a 100% guarantee that a court would deem somebody to be a bona-fide subcontractor. I discussed this once with an insurance lawyer and I asked if there was a cast iron way of telling if somebody was indeed a bona-fide subcontractor. Yes he said. Wait until they injure themselves and see if they can sue you! If you need more information or a business insurance quotation call us now on 01732 373864 www.tsins.co.uk

My name is Simon Wilson and I run Tree Surgeon Insurance. You have a few options here, the best thing to do is call me on 01732 373864

Marketing tips for new businesses This guide is more a collection of tips which have been written by our managing director at the request of one of the colleges he lectures at. Often simple things can have a big impact. The difference between success and failure is in the detail. Have a landline! First you need to have both a normal landline and a mobile number. Having a landline makes you appear more established and professional. Have an answer phone or, even better, get a company who will answer it for you. This normally costs as little as £1 per message. You can then call people back at your convenience and that can make all the difference. A landline number can make customers feel more secure, particularly the older generation. I am in my forties and we were brought up with: ‘Don’t ever buy a car from somebody who only has a mobile number’ If you are talking to your customers, then you want to sound professional. Mobiles often break up and lose signal. Where possible, always use a landline, particularly when you are making that important first call. Answer calls Always answer your telephone whenever possible. This sounds obvious, but believe me so many people don’t. Regularly we struggle to get hold of customers, and eventually when we do speak to them, we ask ‘why don’t you answer your phone?’ The reply is always ‘Well, I don’t answer it if I don’t know the number’. How can you expect to get new customers?? Websites Firstly, there is not much left to say about the power of the internet. A good sharp website with pictures and testimonials says it all. People like to buy from companies that look sharp and modern. Email Many customers will deal with you by email, and a golden rule is: have a short email address. The longer it is, the more prone it is to error. How often do we see:- Kenttreeandgardenmaintenanceservices @gmail.com There is a real chance of a spelling mistake and the email disappearing into cyber space. So the above business could possibly use:- [email protected] or even better [email protected] Short, sharp and a lot less prone to error. Even if you don’t have a website it is worth investing in a domain. These are not expensive. What looks best? [email protected] or [email protected] Be in charge Often we talk to Arborists who say they work as a cooperative or informal partnership. The words we often hear are ‘None of us are in charge. We work together’. So the questions is - who would the public rather buy from? An arborist and his mate who look to the heavens when the customer asks who is in charge, or the dynamic businessman who takes control and assures the customer his team are competent, and speaks with an aura of authority. I will be there making sure everything is done correctly What a great sales line! Recently I moved house. I got two removal quotations. One was from a bloke and his mate and it was an informal partnership. Very wishy washy, but cheap at £700 The other was from a young man wearing a smart T shirt. He continually said ‘I will make sure my men do this. They will be here at 8am on the dot’. Yes, he was in charge. Woe betide any of his team who were late or damaged any of our goods. He made us feel confident. Well, the quotation was over £1000. And guess which company I went to..... So the moral is - be in charge. Your customers will like it and you will be able to command higher prices. Be clean and fresh People will always prefer to buy from clean and smart looking individuals. I have a friend who is a plumber. His business is expanding every year, and he is not cheap. How does he do it? Well, he says the most important thing is - always be clean. He has at least three clean company t-shirts with him, and spare shoes and trousers. He changes before he makes a quotation. Having a spare t-shirt costs him £15, but that allows him to command a significantly higher price. He isn’t cheap, but he is clean, and he is doing really well. Advertise in the road you have worked in After you have finished, ask permission to tell the rest of the residents of the road what you have done. Get leaflets made up with few blank lines in the middle. And then add:- Another happy customer - we have just done work for ‘Mrs Jones at 28 London Road’. Then distribute in the area. This is the easiest form of advertising, and it works. Put a smart looking board outside the house for a few days. Of course ask for permission first, but a happy customer will not mind. Network There are many gardeners out there who will get asked about trees. Make contact with them and offer them a referral fee, even if it is just a few beers. Referrals are the number one source of business for many Tree Surgeons. Clear Up This seems obvious, but always sweep up and take away the rubbish or cuttings. Yes, of course this costs more, as local tips charge you for it. But the customer would rather pay £100 more and look on a tidy garden than watch a pile of leaves blow around for the sake of a few pounds. Indeed, if everything is left tidy it is a great advert for all the recommendations that you will get. Take Photos Take photos particularly where there is an impressive before and after contrast. Maybe put some on your website and keep in a portfolio catalogue to show people when you are doing quotations. You are selling You may be an Arborist but in many ways to be a real success you also need to see yourself as a salesman. This isn’t just about being able to talk the talk. It is about the whole concept of your business structure and its image. Remember from the minute the phone goes, to the public walking past your truck, you are selling. Adopt the principle that you don’t do quotations. You do sales presentations. Price is not the most important factor when obtaining more business. It’s about convincing your prospective clients that you will do a GREAT job, at a fair price. Insurance And of course have the right insurance from a specialist company! This business guide is bought to you courtesy of www.tsins.co.uk View full article

There is a common misunderstanding among employers that employers’ liability insurance (EL) covers their staff. Unfortunately, most employees and subbies also think they are covered by EL if they are injured at work. This is not correct. EL actually covers the employer against paying compensation should they be found to be responsible for an employees’ injury or illness In law, the term employee also includes labour-only sub-contractors, office holders and volunteers. We are forever hearing people say, ‘I don’t need personal accident insurance because I am covered at work.’ In fact the boss is covered and employees and subbies are not. This is a harsh reality-check but there is so much confusion on this issue. People often think that EL is a form of sick pay cover that will replace income. This is not correct. To receive payment the injured party would have to take action and claim against the employer. By action we mean a written case stating what the employer did wrong and why they are responsible. Of course, this will normally mean a report and investigation by the Health and Safety Executive, which is never fun. Remember: EL is insurance to defend or settle a claim if the employer is ‘found to be responsible’. Claims can often take months or years to settle, which is not ideal if you have a mortgage and a family to support. So what does ‘found to be responsible’ mean? There is no exact legal definition as it depends on many things, but the following examples show the complexity of this issue. In our first example a claim against an employer was rejected. Someone was injured by a chainsaw hitting a metal flagpole that a tree had grown around. The flagpole was left from the Queen’s Silver Jubilee celebrations in 1977. The chainsaw hit the metal pole and kicked back, causing a severe injury. Although this went to court, the claim was dismissed because the employer had taken all reasonable precautions to protect their subbie. Here you see that sometimes the risk goes hand- in-hand with the job and the employer could not have anticipated that there would be a metal pole ‘inside’ the tree – hence they were not responsible for the injury. Conversely, we have a case where the claim was settled. Here we have someone walking around a work site texting his girlfriend. Concentrating on his phone, he tripped over and lost part of a finger in some machinery. Here the claim was paid – much to the employer’s annoyance. But why? Surely it was his own stupid fault as he wasn’t concentrating. No. It was the employer’s fault as he did not have a written ‘No Mobile Phones’ policy. The insurer knew they would lose if it went to court, so they settled beforehand. Yes, this does make your blood boil, but this is the world we live in. Every time you switch on the TV you see an advert asking ‘Have you been injured at work? Ring Super Bad Solicitors now! Keep limping a bit longer and we will make you rich.’ So what is the point of having employer’s liability insurance? Well, it’s the law, and not having it is a criminal offence. Yes, criminal. Not a slap on the wrist. The fine for not having EL is up to £2,500 per day. This makes the cost of cover look cheap! EL is there to settle a claim if you are found to be responsible. Equally significantly, the insurer will also defend a claim. In the litigious world we live in, this is becoming increasingly important. Somebody cuts them- selves on a thorn bush and you put a plaster over it. The next thing you know you are being sued for compensation due to the severe lacerations to their arm and post-traumatic stress. Where appropriate the insurer will automatically defend you. So what options do employers or employees have? To improve the situation the industry needs to understand what EL actually is, so people do not rely on it. At the APF Show recently we discussed this with arborists. Virtually everybody thought they were covered at work. Most were shocked when they realised that they weren’t. One forestry contractor, who had several employees, argued with me for ages and then took my card. He discussed it with his insurer and came back and apologised – which I really appreciated. He had told his team for ages they were covered through him and was concerned about how wrong he was. So this is about education, and this should start at the arb colleges. However, very few even cover insurance, let alone spell out the reality of not having the right cover. The Arb Association needs to play an active part here and start making sure insurance is on the syllabus. The other essential part of the solution is all employers, employees and subbies must consider personal accident insurance. As the Welfare State tightens, this is becoming essential. By far the best type of cover is an individual policy - specifically tailored to you or your staff, rather than group cover. This enables the insurance to be fine-tuned to your specific circumstances and budget. ‘One size fits all’ does not really work. If there is one golden rule it is to speak to a company that specialises in insuring tree surgeons. Make sure you or your staff have considered personal accident insurance before they pick up a chainsaw. For more information on personal accident insurance please feel to call us on 01732 373864 or view this article. View full article

This is an important question, but one that is rarely considered. You have probably insured everything – your pets, your house contents and your car. For your business, no doubt, you have liability and tool insurance. But what is the most important item in your business? It is often the only thing that is not insured. It’s you! It’s odd that most people insure against someone stealing their TV or their chainsaw, but if they fracture their spine and can’t work they don’t have any cover. Unfortunately this type of insurance has had bad press because people buy poor quality cover. However, there are some fantastic policies on the market, including income protection which is generally considered the best type of cover to have. You will see why when you read our review below of some of the cover options. #jscode# Compensation schemes These often cost less than £10 per month or are free with some bank accounts. They normally offer huge, headline-grabbing amounts of compensation – ‘£20,000 for the loss of use of a leg’. It sounds great but on closer inspection it becomes clear that if you were to break your leg and be off work for six months you would get nothing as the ‘loss of the use of a leg’ is not permanent and therefore not covered. These are normally the worst types of policy and should be avoided. Hospitalisation schemes These policies pay out if you have to stay in hospital overnight. In theory they are a good idea but if you break a leg and don’t stay in hospital then you may get nothing. The problem here is that there are countless injuries that could stop you from working for several months but do not require a stay in hospital. Again, avoid these types of policy. Mortgage payment protection policies These are often sold when you take out a mortgage. Although they offer basic protection there are drawbacks. Firstly, they are almost always over-priced, especially if they have been bought from a bank or building society. They normally have a waiting period of at least 30 days before they will pay out and a limited claim period, normally 12 to 24 months. It is likely that you can obtain substantially better and cheaper cover elsewhere. Accident protection policies These come in a variety of guises and are sometimes attached to a tree surgeons public liability policy. Although the cover is usually fairly basic they are better than nothing. There are also a few companies that market these directly to the public. The main drawback with these plans is that they generally only pay out a small amount of money for a limited time period. Income protection policies Normally this is by far the best type of policy to have. It has a number of advantages over other types of cover and is more affordable than you might think. Firstly, income protection policies have much shorter waiting periods – in some cases you only need to be off for three days! Secondly they can cover all illnesses and all accidents, not just those at work. Finally, they pay a monthly income to you for as long as you can’t work. This could be right up to the age of 65 – considerably longer than other policy types. The other important point is that you do not have to be in hospital to receive an income from the plan: you simply have to be unable to do your job. About half of our claims are not related to being a tree surgeon. Last year we had two clients break bones at BBQs and one client fractured his coccyx whilst walking his dog. Indeed, our two longest claims have both come from winter sports injuries and have lasted over a year. Summary So, if you are looking for personal accident/injury insurance there are a few golden rules to follow: Be careful about buying insurance from banks or building societies. If it only costs £10 per month or it is free with your bank account then ask yourself why. Never buy personal accident insurance based on price alone. If you buy your personal accident policy combined with other insurances you probably won’t be getting the best cover. Use a specialist company that knows your industry. You will then end up with better quality insurance that suits your needs. View full article

We can normally do this but it depends on the length of time abroad. Best thing to do is call 01732 373864 and ask for Simon or Mark

It will probably be the lead contractors insurance in this case. If you are just climbing for somebody then you cant really be a bonna fide sub-contractor. Call us free for specific advice even if your are not a customer. For more information then have a read through; Tree Surgeon Insurance : TSINS

We are running a free competition in association with Honey Broths to win a Stihl MS201T chainsaw. Full details can be found at https://www.facebook.com/Tsins This is open to all qualified Arborists and you don't have to be a customer of ours!