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Posted By Malcolm Hogarth
The scenario is a self employed golf professional running a pro shop, teaching golf and organising competitions and such like within a golf club. He also employs his own staff of 6 including 16 year olds.
Would it be correct to say that he would need his own health and safety policy, risk assessments etc, but that there would also be a relationship under HASAWA S3 and MHSWR Reg11?
I welcome your comments.....
Malcolm
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Posted By Richard Beales
Malcolm,
If he employs 6 people then surely he is an employer under H&S legislation, not self-employed.
Assuming this then his responsibilities should be quite clear.
Richard
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Posted By willhiem Malcolm, the pro-shop is a retail operation, so yes thats a definite, as is everything really, since he's an employer, the difficult part comes in the lessons bit, i've a few friend who're pro's and its something i've thought of previously (I presume PI is an important part of it too though i have never asked them about this) try searchin a few threads on this as courses came up before. also try: Health and Safety in Golf Course Management and Maintenance’ (HS(G)79) https://www.bestcoursefo...th_and_safe/safety_audithttp://www.devonline.gov...ce/eh-hs-golfcourses.htmplus you gotta watch out for those pesky kids, maybe do a search for young persons at work and you'll find plenty!
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Posted By Richard Beales
Referring to the last post and the likely need for PI insurance (is that needed if he gives advice on using the wrong club and the person fails to get the hole-in-one/), more importantly he will require EL and PL cover.
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Posted By Malcolm Hogarth
Thank you for the prompt responses. I was already most of the way there myself (including the insurance angle),but needed some clarification.
Richard - can he be self employed and an employer at the same time; and what would his relationship be with the Golf Club who do not employ him but allow him to carry on an undertaking as a self employed?
Any reference to specific legislation would be helpful.
Many thanks.
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Posted By GeoffB4
He is a self employed employer, unless the company is limited, and then he is an employed employer.
Unless you can come in under the umbrella of the golf club (they may already have a system in place from the last professional?) and adopt their documentation, then yes you'll have to provide your own.
There will be lots of golfers on this forum willing to help!!!
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Posted By GeoffB4
Yes he can be both Malcolm, and the relationship with the Golf Club is not altered.
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Posted By Richard Beales
Malcolm
I agree that he is a self-employed employer, but he is not 'employed' as such by the golf club as suggested in an earlier post unless there is a contractual agreement to this effect.
This is where it could become complicated because even if there is no form of written contract between the club and himself if money is taken from him in exchange for him to operate within the club then this obviously forms a contract of sorts. But I digress - remember that the club has section 3 & maybe 4 of HASAWA, and because of this scenario there is a very good case for the parties to get together and thrash out who's going to do what.
Richard
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Posted By GeoffB4
'...but he is not 'employed' as such by the golf club as suggested in an earlier post...'
I can't find that reference Malcolm?
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Posted By Glyn Atkinson
Is this person then acting as a self employed contractor, under some form of licence with a premises lease in force for the golf shop?
What references exist for any contractual basis for the person using the premises to run his own business and employ up to six persons, all potentially his full / part time employees(?) and working for his business on golf club premises and taking in the golf club clientele?
Anyone who is running their own business is technically self employed, but at what stage (under employment law) is there some form of written contract between golf shop business owner and golf club premises owner.
Relevant public liability and business insurances and responsibility for shop structure and maintenance upkeep spring to mind.
Are the employees his employees or engaged as trainees through their own membership of the golf club?
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Posted By MT I inspect golf courses and my answer is that yes, the Pro is an employer and as such requires his own documentation for his own business. Secondly, someone quoted HSG79 - this document is now obsolete and has been replaced by: http://www.the-gtc.co.uk/health_safety.phpPlease ask if you have any more golf course-related questions - I inspected one yesterday as it happens.
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Posted By Malcolm Hogarth
Thank you all for your responses. I am now in possession of the information I am after.
Malcolm
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