Posted By Chris Costall
My company is construction based, supplying and installing windows and doors into the new build sector.

All our installation teams are employed at present, the board or directors are looking at making them all self employed.

What H&S duty of care will my company owe these self employed individuals if this goes ahead?

I have looked into this and from what I can gather it comes down to if a contract of employment is present:

. Degree of control over the individuals (When, where & how to complete the task), we will be telling them where, when & what plots to install on site.
. Do they provide their own equipment? We will provide them will all their current equipment and a tool allowance.
. Provision of PPE? Provide them with a full set once per year.
. The individual sign to confirm that they will comply with the companies pre written RA/ MS.
. Supervise to ensure compliance with RA/ MS.

Has any one had to make this transition within your own organisation or does any one have any advice?

Thanks

Chris

Posted By CFT
Have you had professional advice on this as the Revenue may consider the change from directly employed to s/e unacceptable, depending on what percentage of time they are to devote to your company.

I recall a client being heavily fined many years ago.

CFT

Posted By Steve Cartwright
With regards to your duty of care towards H&S. It will be exactly the same.

Posted By Sally
The IR definition of employee and the HSE definition of employee don't always match. From what you describe the HSE will consider them your employees as you direct and control their work.

Check out the HSE website for further information

Posted By ddraigice
HSE will look at similar issues to IR. It's very complicated as some answers to the questions below will be yes, others no.

Do they provide their own transport or are there company vans?
Are they expected to wear the company logo on their work clothes?
Who provides tools?
Who supplies the materials to carry out the job?

A true test of self employed status is whether or not they have control over the work themselves and can turn up whenever they want or give the job to another sub-contractor.

So more importantly:
Do the "self employed" have a choice of when and where to work or are they told?
Can they sub-contract the job out to someone else?

If no to these then they'd more likely to be classed as employees.