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Posted By Simon Carrier
Good afternoon
I have a question regarding contractors. We TUPEd across our IT to another company, different registration number, albeit within the same group. These people are permanently based on site but personnel from other sites do cover for them in times of absence. Would I be correct in stating for the purpose of H&S control that they are contractors and as such should be subject to the same rules as all other contractors working on our site? Your opinions would be valued
regards
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Posted By Bob Youel
I would treat them as contractors if I did not directly 'control' them and employees if I did - in both cases they should comply with all your rules etc
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Posted By Ken Taylor
I suppose that it depends upon what rules you apply to contractors on site. In theory you can seek by contract to apply what rules you wish provided that they are legal and not unfair. However, they do seem to be very 'close' to you in history, proximity, work activity, etc and I would suggest being prepared for the HSE or a Court to consider them as employees for the purpose of H&S law.
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Posted By Robert K Lewis
Simon
I am not sure why you regard these people as subject to TUPE if they are still within your corporate grouping. If they are still within the group they are almost certainly not contractors, certainly not subcontractors - but it does depend on knowing more details efore a real answer can be given.
I am inclined to treat them as employees visiting another group site and thus requiring induction etc or accompanying as any other internal visitor should be carrying out similar non-office type work.
Bob
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Posted By Simon Carrier
I have been doing some digging and have ascertained that they work for a different company, based upon their Company registration number, they have their own HR and other management structures. They are an assoiated company and are therfeore covered by the same Public and Employers liability as ourselves, that threw me a bit. However I have decided to regard them as contractors for the purposes of H&S, which I think is probably the best way to go.
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Posted By Sean Warburton
Hi Simon. You are right to consider these guys as contractors, even though they are an site on a permanent basis. We are are large organisation and have a few company we contract parts of the operation out to, such as cleaning, wast handling, security, catering & reception services etc. So yes, you must treat these as you would any other contractor, and don't let them tell you otherwise.
Hope this helps
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