Rank: Super forum user
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I was having a chat the other day with a fellow H&S consultant. We discussed how the lines blur between consultant and employee. Most of my clients, I turn up, do the work and go home. I use my own work email and mobile phone for calling/dealing with issues. I do have my own insurance but where does my insurance stop and the company take primacy? If at all.
I have 1 client that likes to make people think I'm emplyed full time for them. I have a company email address where I'm designated thier H&S manager, I have a company ID card, I have an emplyee number, I wear their uniform, I go to meeting s with clients as act as though I'm an employee, I attrend BESA meetings as a member of staff. The work that I do no one else within the company can do. I manage the daily H&S issues, conduct site audits, I am the only one involved with their ISO45001 acreditation, I deal with their Constructionline, Safecontractor, JOSCAR etc etc.
In reality apart from submitting an invoice monthly I am an employee.
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Rank: Super forum user
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Hi Mark the line between being an employee and an external, perhaps self-employer contractor aka consultant can be a very fine line and would be decided on the specifics of each case. As for your question about insurances, if someone were to be harmed as a result of work at one of your Client's operational sites, then the victim can choose to chase whoever they deem appropriate for redress. BUT, as a general rule they will target those with sufficiently deep pockets and if you are a self-employed consultant the chances are that your pockets are not as deep as those of your Client UNLESS you live in a mansion and drive a Rolls Royce. That said you might want to review your insurance covers to make a judgement as to whether you have sufficient protection, including "run off" AND that the policies are not full of caveats that mean that your policies would be liable to be nullified precisely when you have need of them.
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Rank: Super forum user
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I think you should seek some legal advice about presenting yourself as an employee. That client could be signing legal documents such as Non-Disclosure agreements where your engagement as a consultant rather than employee may not be reflected within the terms of the agreement placing them in breach. Your client is making fraudulent representation of who you truly are and you appear to be a willing participant. When push comes to shove you may find yourself exposed with no insurance as a consultant after all if you are an employee the clients insurance should be paying, but why shold they if you are a consultant?
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Rank: Super forum user
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I think you should seek some legal advice about presenting yourself as an employee. That client could be signing legal documents such as Non-Disclosure agreements where your engagement as a consultant rather than employee may not be reflected within the terms of the agreement placing them in breach. Your client is making fraudulent representation of who you truly are and you appear to be a willing participant. When push comes to shove you may find yourself exposed with no insurance as a consultant after all if you are an employee the clients insurance should be paying, but why shold they if you are a consultant?
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Rank: Super forum user
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You might also be falling foul of tax rules (IR35).
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