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Posted By Richard_Sams
Hi all, thanks for taking a look at this thread, please enlighten me if you can.
I am a little confused about how far the legal obligations extend to the local authority in the following situation.
Various local authorities run Parish Caretakers schemes with the purpose of giving local Towns/Parishes the resources to get jobs done quickly, particulalry small jobs that can be expensive when organised by the local authority.
The schemes are funded by government grant and administered locally.
The aim of the schemes are to appoint Parish caretakers to carry out operations
that might be described as countryside managment.
The Parishes appoint the caretakers, determine
the nature of the work, provide materials, and pay the caretakers an hourly rate. However the caretakers are considered self-employed for the
purposes of the schemes and supply all equipment.
Therefore are the authorities/local parishes still bound by the same duties as an employer under H&S law?
Cheers!
Richard
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Rank: Guest
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Posted By Paul Leadbetter
Richard
At the very least, section 3 of the 1974 Act applies but who 'considers them to be self-employed'?
See also, paragraph 5 of the ACoP to the Management Regs, which states that, even where people may be considered self-employed for tax and NI purposes, they may still be regarded as employees for health and safety purposes.
Paul
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Rank: Guest
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