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Posted By Antony Ferguson
Has anyone heard of any case law or decision making regarding contractors working as resident labour at the same place of work on a daily basis.We have contractors working on a site, many of whom have been working on the same site for 20 years. However, during this time their employers have changed (through contract renewals), although we have retained the same people. Under safety law, are these classed as employees, as we provide and control them by our SMS, rather than their own SMS.I know under HASWA that an Employer is the person making NI contribtions, but is this an exception due to same place of work.
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Posted By Nick Higginson
Antony,
It sounds rather similar to the case of R v. Associated Octel (1996 I think) which related to what constituted part of an employers "undertaking". THe contractors involved were practically employed full time on Octel's premises, hence the company were found guilty when an accident occurred.
It would be useful for you to get hold of the case details. This is all from memory, so apologies if some of it is wrong - feel free to correct me anyone that knows better (I'm sure there are lots of you!!!)
Regards,
Nick
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Posted By David J Bristow
Dear Antony
Like the first respondent Nick, I am going off memory - try Lane v Shire Roofing Ltd, sorry not sure of the year but think it was in the 80's.
Mr Lane was a self employed person who had an accident whilst undertaking roofing/leading work for Shire Ltd.
He successfully sued for compensattion after an accident in which he was injured.
Hope this helps, however, you may wish to seek advice from the Inland revenue as to the status of "these" people.
My understanding from a few years ago was that if you:
a) worked from the same place
b) were payed for holiday's
c) was payed a basic salary
Then I belive that you were not classed as "self employed" by the Inland Revenue.
Regards
David B
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Posted By Edward H
The definition of "employmee" under H&S law does not necessarily depend on financial issues such as payment of NI, holiday pay etc.
For there to be employment there has to be a "master - servant relationship" there are no absolute definitions of this however factors that would tend to establish employment include:
Do they have to do the work personally or can they sub-contract it?
Do they work for more than one "employer"?
Can they decide when and in what order they do the work?
Who provides tools and materials [other than hand tools]?
Do they run any financial risk in undertaking the work [e.g. comp tender]?
Are they paid per unit or by time?
Do they have control over the method of working?
The more of the above they "fail" the more likely they are to be employed..Hope this helps
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