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Self employed or not for purposes of RIDDOR?
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alan_uk  
#1 Posted : 18 February 2011 16:07:53(UTC)
Rank: Forum user
alan_uk
Hello all - here's one causing me some puzzling at present. Our boss engages self employed (labour only) contractors but they are engaged on a full time basis (like a regular employee). By this I mean they don't just get taken on for specified jobs now and then and then off somewhere else for the next job. They work every day for our company and some have done so for many years. Should one of these "employees" be involved in a RIDDOR reportable event, who's duty is it to report? - theirs, as a self employed person or the company as their "employer". Thanks for any help on this.
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Steve Sedgwick  
#2 Posted : 18 February 2011 16:19:38(UTC)
Rank: Super forum user
Steve Sedgwick
The practical thing to do is for you to do the F2508. This way you ensure that it is done correctly and that the self employed laborer has not unfairly put responsibility on your organisation for accident. Technical answer - I would say yes but expect some disagreement Steve
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jde  
#3 Posted : 18 February 2011 16:24:10(UTC)
Rank: Forum user
jde
For H&S purposes, cis employees should be treated as employees, 9 as from the sound of it they effectively are as they probably do not supply their own materials etc, etc) and as such, the company should report the incident to the HSE.
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linda xc  
#4 Posted : 18 February 2011 18:03:30(UTC)
Rank: Super forum user
linda xc
Hi By what you describe he would still be regarded as the employer and be liable for NI contributions. Can of worms! Regards Linda
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John D C  
#5 Posted : 18 February 2011 18:53:38(UTC)
Rank: Super forum user
John D C
Hi RIDDOR requires the person in control of the premises to report accidents to self employed so I think that regardless of what status they are considered to be you should be making the report. John C
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Canopener  
#6 Posted : 18 February 2011 19:14:28(UTC)
Rank: Super forum user
Canopener
Alan, for the main part I suggest that John has got it right, but you don't say WHERE these self employed people are working. If they are working on your premises then I suggest that it is pretty clear that 'you' should report. IF they are genuinely self employed by you to work on another employers premises then that other employer is probably required to report. In practical terms I suggest that you treat them as an employee and report regardless.
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alan_uk  
#7 Posted : 21 February 2011 14:03:01(UTC)
Rank: Forum user
alan_uk
Hello. Thanks to contributors. Opinion seems to be pretty much as I had thought myself - treat them as employees. Incidentally, the men do not work on the site (except when there for admin purposes or picking up materials etc.) They are fitters who work on individual customer's houses. Regards Alan
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