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Posted By Antony Ferguson
We have a number of 'permanent contractors' on site, many of whom have worked at the same place of work for over 25 years doing the same jobs, albeit under different employers. Does anyone have reference to case law where the definition of a contractor is determined in relation to section 2 duties to employees? I have heard it mentioned that for contractors who go to the same place of work continually and who are controlled directly by the client, can be classed as employees, for the purposes of H+S law?
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Posted By David Allan
Antony
Part of the findings in the Associated Octel case was that contractors should be treated as employees would and not to rely on contractors expertise entirely.
Prudently I would suggest that these "contractors" are treated like employees for health and safety reasons. Protecting people,not liability, is what counts.
Regards
David
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Posted By Robert M Edwards
Yes I am in total agreement with David on this one! The law as it stands refers to contractors as 'workers' therefore for the purposes of Health and Safety we are looking at employees.
For contractors who have been with you for 25 years there may also be a case to re-look at their employment status in the light of the Inland Revenue ruling on IR35 as it seems likely that there may be some other HR considerations to look at here too.
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Posted By Antony Ferguson
Thanks for that David, I agree with your last statement, but unfortunatetly others do not. Do you have any text/ web addresses for the Octel case and the definitive decision making precedent.
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Posted By Antony Ferguson
What is the IR35 ruling Robert and does it have relevance to statutory duties under H+S law?
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Posted By David Allan Antony A useful synopsis can be found at http://www.number7.demon...uk/hol/reports/00/26.htmParas 8&9 are most useful. Also mentioned is the Swan Hunter case along a similar vein - this yime more about provision of information Notwithstanding these - failure in the coordination of contractors ended in fatalities. Your managers who are resistant are being a little shortsighted I would suggest. Remember too that that MHSWR requires us to cooperate and coordinate. Regards David
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