Gentle Ben

Wood Man - I have sent you a message. Let me know if you are interested.

Hi I am an occassional user as well and recently got fed up with my mix going stale and having to mess around with mixing it and getting the mix right with the variable quality of the 2 stroke oil I was buying. I have started using aspen and cant speak highly enough of it. I am almost through my first 5 litres and have another 10 litres in reserve. My saw is performing better and I no longer have to dispose of stale mix. It is more expensive on a litre by litre comparison but I suspect that the reduced wastage will significantly mitigate the extra cost. I can not recommend it highly enough.

yes it is see section 69 (1) of the Employment Rights Acy 1996 which gives you the right to dismiss in the event that "your employee wears offensive clothing, drives an offensive car, has overly coiffured hair or too smooth hands."

My 2 year old son has a bike which has a pole that attaches behind the seat and lets us push him and control the handle bars. That pole splits in two and the two parts are connected by a clip that sits inside the end of one pole and then, once lined up properly with the other end of the pole pushes a small metal knob out through holes in the end of each pole. The knob is pushed out by the pressure of the clip trying to straighten itself inside the pole which is narrower than the resting position of the clip. that's a poor description and please don't lower yourselves to jokes about knobs and holes. On his bike this clip has broken - I can't find one in our local DIY shop and as I don't know what it's called cant find it on the Internet- does anybody know what it's called? If I can find a replacement it will mean that he can ride to school with his big brother.

Can I suggest that I'd you don't like what bowlander posts that you ignore him? It's only going to get worse and give the mods more work to do. Bowlander- if your intention when starting this topic was to get the last word, that is not going to happen. Surely it's time to stop, safe with the knowledge that you have made your point and ruffled a few feathers. The guys who have replied are entitled to their opinion. I have to listen to enough squabbling between my kids and don't want to see this forum lower itself to the level of a 2 and 5 year old.

Here is my effort. Not as tidy as some that have been posted but they work well and seem solid enough. Used recycled pallets and 4 supporting posts at each corner.

Treequip: i agree that the post is about the insurance aspect - as i said in my original post whether the insurance covers him can be checked on the insurance policy (if one exists). The issue about employee status is separate albeit connected to the insurance question. the tax question is also separate issue - it is possible for HMRC and an employment tribunal to reach a different conclusion on employee status as they apply different tests. From an employment law perspective there is no such thing as a freelance employee - the example you have given may be an employee (although it sounds more like a worker to me) and in the arb world you may describe them as a freelance employee however that does not mean that "english law" (which is the world that I work in) would consider them to be a free lance employee as a no such category exists.

I pressed post by mistake. I have since added some more detail however the following may also help. from an employment law perspective you can either be an employee (which gives you maximum protection including unfair dismissal rights) a worker (which gives you some of the rights that an employee gets including right to holiday pay) or a self employed contractor. There is no such thing as a freelance employee. I agree that it sounds like the boss in this situation is trying to avoid tax. From the origional posters perspective that causes all sorts of issues however the insurance question is particulary serious as it probably has the potential highest consequences if something goes wrong. The risks to your personal safety you guys take doing the type of work you do are bigger than in most jobs and whilst you all work hard to reduce those risks they do exist. A valid insurance policy is the safety net that protects you, your clients and the public in the event of an accident. The benefit to the boss of saving some cash on tax is not justified by the risk of working without insurance. I agree with the poster who suggested he man up and challenge his boss. I am not a tax expert but if ultimately nobody is bothered about being an employee you could form a partnership and make sure that the insurance covered all of the partners. I think that each partner would be self employed and responsible for paying their own income tax.

Your status. However it does not matter what a tribunal would say you ate. What matters is the wording of the insurance policy. It will contain defined terms (usually at the start) which will probably include a definition of an employee. I suspect that it will be based on your tax position and refer to paye. If you don't fall within the meaning of the definition you won't be covered. If you do fall within its meaning you will be. You need to make sure that you are covered by both his public liability policy and his employer liability policy. What would you do if you suffered from an accident at work and ended up in a wheelchair or caused an accident that ended up in a member of the public being on a wheelchair? If he won't cover you on his insurance I would look for another job or take out your own insurance. No job is worth he risks that you face without valid insurance.

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

I was checking your photos with my two year old on my knee - he took one look and said "bear" and "cow". You now have a fan in Glasgow. He has about £7.50 in his money box. Shall I tell him to keep saving?

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?

that's some great work and a lovely box to show for all of your effort and skill. No idea of what it would be worth. Out of interest, what is the person who commissioned it going to use it for?