Posted By Antony Ferguson We have a number of 'permanent contractors' on site, many of whom have worked at the same place of work for over 25 years doing the same jobs, albeit under different employers. Does anyone have reference to case law where the definition of a contractor is determined in relation to section 2 duties to employees? I have heard it mentioned that for contractors who go to the same place of work continually and who are controlled directly by the client, can be classed as employees, for the purposes of H+S law?

Posted By Robert M Edwards Yes I am in total agreement with David on this one! The law as it stands refers to contractors as 'workers' therefore for the purposes of Health and Safety we are looking at employees. For contractors who have been with you for 25 years there may also be a case to re-look at their employment status in the light of the Inland Revenue ruling on IR35 as it seems likely that there may be some other HR considerations to look at here too.

Posted By Antony Ferguson What is the IR35 ruling Robert and does it have relevance to statutory duties under H+S law?