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Independent Contractors?
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JHF  
#1 Posted : 03 April 2014 13:05:20(UTC)
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JHF
If a contractor on site is deemed independent, my understanding is that we are not liable for their actions. This used to be the case? presume this is still true - any thoughts. The key seems to be or use of the word "independent;" if we exercise a degree of control over them - then we are /will be held liable. Any thoughts!
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peter gotch  
#2 Posted : 03 April 2014 13:14:08(UTC)
Rank: Super forum user
peter gotch
If you are paying them to do things at your site, unlikely to be anything like independent R v Associated Octel and numerous other cases.
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David Bannister  
#3 Posted : 03 April 2014 13:16:13(UTC)
Rank: Super forum user
David Bannister
Consider this scenario: An independent contractor is engaged to repair your roof, sending one of his young apprentices to just nip up the ladder to see how much muck has accumulated in your gutters. You know your roof has a steep pitch and fragile rooflights but you fail to stop the clearly dangerous activity. When the lad falls and the police and EHO's investigate the fatality, what do you think their questions will be uncovering?
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JHF  
#4 Posted : 03 April 2014 13:33:19(UTC)
Rank: Forum user
JHF
Hmmmmm all good and fair points! - thanks for the quick replies. As mentioned above "Octel" really says it all.
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boblewis  
#5 Posted : 03 April 2014 18:01:10(UTC)
Rank: Super forum user
boblewis
Statutory Services believe they are totally independent contractors on sites but the HSE have often pointed out this is not so.
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Nimble057  
#6 Posted : 04 April 2014 08:03:57(UTC)
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Nimble057
Had a similar CONSTANT row at a previous company I worked for - large well known delivery firm where all drivers were "self employed" for tax purposes. Management would not accept any responsibility for road risk management; or any notion of vicarius liability at all because of this "fact." Nightmare of a situation; still applies from what I've been told across much of the delivery and minicab markets?
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RayRapp  
#7 Posted : 04 April 2014 09:31:52(UTC)
Rank: Super forum user
RayRapp
I don't know where the term 'independent' emanates from? However it has no standing in law which I am aware of and therefore counts for nothing. As others have mentioned, if you engage or the client engages a sub-contractor independently then you or they have some liability for their acts and omissions.
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JHF  
#8 Posted : 04 April 2014 10:23:59(UTC)
Rank: Forum user
JHF
Many thanks for the replies (help). Much easier when you get differing (and similar) views on the (any) subject; consensus is liabilities are shared! The use of "independent" in independent contractor means (very) little.
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Phil Grace  
#9 Posted : 20 April 2014 20:25:51(UTC)
Rank: Super forum user
Phil Grace
Other cases worth reviewing include Tullis Russell and the more recent one in the North West: http://www.hse.gov.uk/press/2011/coi-sco-01711.htm http://press.hse.gov.uk/...t-wythenshawe-warehouse/ The "employer's (i.s. Client's) criminal liability in respect of activities of independent contractors is well established. Phil
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