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Posted By Brigham
Hypothetical question,(I think),ladies and gents
An employee (office based) on long term sickness, still on SSP agrees to do some work from home. No other payment is given.
1 If they do, are they covered by EL insurance
2 As they are officially not at work, does HASAW or any other legislation apply?
Thanks in anticipation
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Rank: Guest
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Posted By Colin Reeves
Re your question 2, yes. Think of charities, covered by HASWA but not paid employment, still employment.
Leave others to answer question 1
Colin
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Rank: Guest
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Posted By Brigham
Thanks Colin,
I was going more on the line that if people are on SSP, they are not capable of being "at work" and as such they aren't covered.
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Rank: Guest
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Posted By David Bannister
Brigham, if they are an employee, doing work for you, paid or not, then your EL insurance should cover your liabilities with regards to health and safety.
You should inform your insurance broker or insurer of this change in material facts to avoid any post-incident rows.
Just as an aside, why are you not paying them for work done?
Legislation applies as previously stated, including the need to assess and control any significant risks.
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Rank: Guest
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Posted By Brigham
David
The question is hypothetical and to my knowledge has never occurred. It came up during a brainstorming session on our absence management policies and it was me who questioned the validity of EL insurance and HASAW when the person was on SSP and taking that strictly was not "at work" I am just canvassing for opinion
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Rank: Guest
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Posted By Tabs
They would be considered covered by HSAWA because they are an employee as defined by someone doing work for someone, and being under their control for that aspect and providing benefit. (i.e. the company 'says' what is to be done, and how, and profits (gains/benefits) from the said work - regardless of reward).
You do not have to pay someone to be their employer.
Doing work places you 'at work'.
Claiming SSP whilst doing work MIGHT be an offence (I am guessing there though).
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Rank: Guest
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Posted By Bob Baynes
How do you propose to legally avoid paying the minimum wage? If you cannot, (and I do not think you can), the employee is therefore covered by both EL and HASAWA. Interesting question though.
Regards,
Bob.
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