Rank: New forum user 
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Hi looking for guidance on requirements for Labour only contractors. Company I work for are Principle contractors and subcontract work out to another smaller company who use labour only contractor workforce so have no direct employees. As the subcontractor has less than 5 employees due to his labour force of 19 being labour contractors do they need to have a written H&S Policy? My understanding is that in eyes of the law that labour only contractors are considered employees and therefore as they use more than 5 people should have a Policy in place. Any guidance much appreciated
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Rank: Super forum user
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This is from HSE guidance “The legal status of such a worker (labour only contractor) depends on the normal application of the various criteria listed … The courts have shown a willingness to overlook the fact that the worker is described as "self-employed", if the other factual circumstances actually point towards employment.” This is down to the degree of control exercised by the people running the show. See https://www.hse.gov.uk/enforce/enforcementguide/investigation/status-specific.htm#P21_3776 for more details.
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 2 users thanked A Kurdziel for this useful post.
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