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#1 Posted : 06 November 2006 17:14:00(UTC)
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Posted By Al Beevers One for m'learned colleagues. I have discovered a handyman employed on a site we maintain. He TUPE'd over to us in March, on a 20 hours per week contract. Historically, he's been employed 20 hours per week for the maintenance company, and 20 hours per week for one of the building tenants. I've seen both of his contracts, and nominally, he works 9-1 for us, and 2-6 for the tenant. Now questions. We owe him duties of care, and provide him with equipment and PPE and training, but the tenant does not. I feel that if they're employing him seperately then they have to. Anyone disagree? Also, he does not (indeed cannot) work to his discrete hours. If he has is injured, who reports - must we definitively decide exactly who he was working for at the time? Obvious questions about who would cover his sick pay also come up. I'd like to get an agreement with his other employer about how his time is used, and who provides what for him. Has anyone come across this situation before? Al.
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#2 Posted : 06 November 2006 17:21:00(UTC)
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Posted By Martyn Hendrie You do not say whether or not the tenant is a business or a domestic tenant. This would have considerable bearing on the criminal law duties, but not necessarily the "common law" duty of care. Without that information it is impossible to give a reasoned opinion.
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#3 Posted : 06 November 2006 17:29:00(UTC)
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Posted By Al Beevers Sorry. The tenant is a business tenant. We do the M&E maintenance for the whole building, plus the maintenance of the fabric - painting, carpeting etc. One tenant is particularly concious of their building fabric and so require more work done on their floor only. Al.
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