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Self-employed builder

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  • Self-employed builder

    Hi guys, here's one for those of you who know a bit about the minefield of employment laws etc

    INTRODUCTION ...

    Our neighbours son lets call him Bob as in Bob the Builder, works as a builder on a self employed basis for a company that does building, maintenance and so on, quite often since we've known him, the company has paid the wages late for various reasons, yet the owners son has just paid £80K to have his garden done up but couldn't pay the wages on time, they had a helicopter land in the fathers garden to take a few of them to golf for a day, yet couldn't pay the wages on time, how do I know this, they live in the next road to us and we see it all. Yes, yes we live in Essex msl:
    For the last couple of years Bob has also been doing up our house at times when he's been either laid off or at weekends to get a bit of extra monies and has done an excellent job.

    BIT OF BACKGROUND...

    He lives with a girl in his parents and our eyes she's a no hoper, none of us will have her in our homes, she's on all kinds of benefits, hasn't ever done a days work and would never consider doing a days work, her (not his) son is in prison for god knows what, but Bob loves her and although they have a split every so often, (usually when he's laid off and has no money), they generally get on fine, he's paid for everything over the years and put up with more sh it than any of us good people should in our lives.
    He sadly has been a bit daft, has avoided paying tax, NI and so on over the years, he's about 37 years old.

    WHATS HAPPENED ...

    Last Thursday whilst working for the company he was emptying a bathroom and threw a toilet into a skip, the toilet smashed and sliced into his wrist, so off to the hospital he goes, the upshot is that he's done all 5 tendons and had an operation on Saturday, he's been told that he won't work for at least 3 months.

    THE QUESTION ...

    Does anyone know if the company he's been working for will have to keep paying him or can they legally lay him off and wipe their hands of this, now my feelings are that if he's had an accident whilst working for them then surely they must be liable in some way. Would he be able to claim any benefits ? Would he be able to claim from the company's insurance ?

    Any help gratefully accepted and appreciated with this, he's a lovely guy and we think the world of him and want to help him as much as possible, so much so that when he was laid off early this year and split from the monster, we actually sat him down, and told him that if he stayed away from her that we would help set him up in his own right, buy him a van, get him advertised, do his accounts and so on, but he was homeless (mum and dad won't have him back as he's been a bit of a boomerang), staying on friends sofa's and in the end love (or infatuation and the hormones I suspect) got the better of him and he returned to her, there is no way we would help him like that whilst he is with her.
    Tags: None

  • #2
    Re: Self-employed builder

    Bumpety, bump, bump !

    Comment


    • #3
      Re: Self-employed builder

      Oh dear, unfortunately i don't believe he can claim against the company insurance for his injuries or time off because he works on a self employed basis and is supposed to carry his own insurance. If he was working with someone who worked directly for the company and they caused the accident that resulted in his injuries then they would be responsible for their employees actions, (H+S, training etc.) and they would be liable for any injuries sustained by a self employed person on the same site by their employee.

      Very decent of you to help him set up a new business, could have done with knowing people like you 10 yrs ago!

      Comment


      • #4
        Re: Self-employed builder

        Thank you Ian much appreciate your help x

        Comment


        • #5
          Re: Self-employed builder

          My late father worked in the construction industry for 45 years and self-employment is often used by employers as a tax dodge. The first thing your friend needs to do is speak to ACAS to find out where he stands. As such, the employer has a responsibility under the Health and Safety at Work Act 1974 for the safety of contractors working on their site and your friend, Sapphy, has a responsibility as well. He might wish to speak to the Health and Safety Executive (HSE) as well, seeing as he is likely to be off work for at least three months. After that, he might wish to speak to a legal professional at his local Law Centre or Community Legal Service office.
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #6
            Re: Self-employed builder

            I hope you're right Bluebottle and Sapphy's friend can get some kind of pay while he is off work and something for his injuries but, once a firm sub contract out to another company or self employed person the site becomes the responsibility of the contractor on site and anything that happens makes them liable, if they take down a wall by mistake they have to build a new one at their own cost, same applies to accidents etc. it is the on site contractor that has to answer to the HSE.

            Comment


            • #7
              Re: Self-employed builder

              Just had a thought, which is usual for this time of night, which is, you say that the company have been late with paying his wages on occasion so it makes me wonder whether they put his wages through the books as wages or sub contractor fees?

              If he is being paid wages through the company books and the materials for the job are provided on/to site by the company then technically he is an employee of the company until he completes the job and collects his 'wages'!

              Did he have a written contract stipulating the terms and conditions of the job? If there is not a written contract between the company and the sub-contractor and the subbie receives instructions verbally from someone at the company then he could be classed as a temporary employee of the company until the job is complete and therefore their responsibility if he cannot work as a result of an accident while working for them.

              Not 100% about that but worth a try.

              Comment


              • #8
                Re: Self-employed builder

                This is why I have advised the OP to contact ACAS and seek professional legal advice, Ian. The way the owner of the firm and his son lash money about makes me wonder if a word in the ear of your local friendly tax inspector (They're not all ogres.) wouldn't go amiss.
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment


                • #9
                  Re: Self-employed builder

                  Thanks for all of your excellent advice guys, we're seeing Bob this week and I'll have a chat with him.

                  Comment

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