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jharrison1  
#1 Posted : 09 May 2024 10:05:29(UTC)
Rank: New forum user
jharrison1

A Parent/Carer group of parents registered as a Community Interest Company (CIC) needs to establish the employment status of homeworkers doing parent support, admin and clerical work (on PCs supplied by the Directors of the CIC), and paid on zero hours contracts by the CIC. 

They need to know their Health and Safety duties and responsibilities towards the homeworkers.

Can anyone clarify that position.

I have advised them that they should provide H&S Policy, Risk Assessments, information, instruction and training as an employer. 

Have I adopted the correct approach or overdone the advice?

Roundtuit  
#2 Posted : 09 May 2024 19:11:34(UTC)
Rank: Super forum user
Roundtuit

Got a contract (even zero hours) they are an employee.

The employer has all the responsibilities that brings.

thanks 2 users thanked Roundtuit for this useful post.
HSSnail on 13/05/2024(UTC), HSSnail on 13/05/2024(UTC)
Roundtuit  
#3 Posted : 09 May 2024 19:11:34(UTC)
Rank: Super forum user
Roundtuit

Got a contract (even zero hours) they are an employee.

The employer has all the responsibilities that brings.

thanks 2 users thanked Roundtuit for this useful post.
HSSnail on 13/05/2024(UTC), HSSnail on 13/05/2024(UTC)
peter gotch  
#4 Posted : 10 May 2024 15:44:25(UTC)
Rank: Super forum user
peter gotch

JH - I am with Roundtuit on this.

The scenario you describe has the hallmarks of an employer-employee relationship and where the employees are not "domestic servants", such that the little known exception in Section 51 of HSWA would apply:

51 Exclusion of application to domestic employment.

Nothing in this Part shall apply in relation to a person by reason only that he employs another, or is himself employed, as a domestic servant in a private household.

However, you do need to consider how many people this employer employs.

If less than 5, then various paperwork including a statement of health and safety policy doesn't apply, though it would probably still be sensible to document e.g. risk assessments.

thanks 1 user thanked peter gotch for this useful post.
HSSnail on 13/05/2024(UTC)
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