Self employed are employed for H+S purposes Options  Watch this topic  Print this topic » Normal Threaded

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holmezy		#1 Posted : 04 March 2011 05:45:26(UTC)
Rank: Forum user		Good Morning, having a bit of a dilemma at work which is keeping me awake, hence the early post! see members area! I know I should know...........and I've seen it loads of times when browsing other regs,,,,so I apologise up-front! Where does it say that " self employed should be regarded as employees for H+S purposes"? Direction to regs, acops, guidance etc would be appreciated. Been looking for hours now, but I've gone "word-blind" Holmezy
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leadbelly		#2 Posted : 04 March 2011 07:30:29(UTC)
Rank: Super forum user		Holmezy See here: http://www.hse.gov.uk/en...tion/status-contract.htm LB
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RayRapp		#3 Posted : 04 March 2011 08:32:53(UTC)
Rank: Super forum user		Holmezy I'm not sure such a statement exists in law? Self-employed people have duties within the law. Whether a person is considered an employee or self-employed will depend on a number of factors and dependant on the circumstances. Must have been a bad dream...
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holmezy		#4 Posted : 04 March 2011 08:39:44(UTC)
Rank: Forum user		Ray, nope, definately seen it. Might be nebosh, IOSH or regs, acops etc. Its in respect of training and supply of PPE to S\E that are for tax purposes, but not for H+S, ie treated as employees? Holmezy
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Guru		#5 Posted : 04 March 2011 08:40:10(UTC)
Rank: Super forum user		Management of Health and Safety at Work Regulations 1999 Approved Code of Practice and guidance Introduction 5 If people working under the control and direction of others are treated as self-employed for tax and national insurance purposes they may nevertheless be treated as their employees for health and safety purposes. It may therefore be necessary to take appropriate action to protect them. http://books.hse.gov.uk/...alogueCode=9780717624881
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Guru		#6 Posted : 04 March 2011 08:59:33(UTC)
Rank: Super forum user		Specifically Reg 19 under the MHSWR ACOP under titled 'self employed'
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Guru		#7 Posted : 04 March 2011 09:00:28(UTC)
Rank: Super forum user		Reg 15...sorry, typing too fast!
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holmezy		#8 Posted : 04 March 2011 10:50:06(UTC)
Rank: Forum user		All, there you go, knew I'd seen it somewhere! thanks for all the help! Holmezy
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Canopener		#9 Posted : 04 March 2011 18:54:19(UTC)
Rank: Super forum user		Holmezy, it isn't 'clear cut' that self employed are necessarily to be treated as employees, if you have a read of paragraph 5 of the guidance, you should note the use of the word 'may'
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sean		#10 Posted : 04 March 2011 20:00:03(UTC)
Rank: Guest		Phil spot on, that word "May" can mean many, many things. I work for the civil service and believe me the word "May" appears constantly through out all our guidance which leads to so many different interpretations of what is actually meant! I hate that word more then any other except of course when it is May.

RayRapp		#11 Posted : 04 March 2011 23:22:44(UTC)
Rank: Super forum user		'Everything turned on a word.' Anon.
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Jim Tassell		#12 Posted : 07 March 2011 10:20:10(UTC)
Rank: Forum user		Just a thought - a default position of "if in doubt, treat them as employees" will help you sleep more easily than the opposite!
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