Insurance cover
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Thread: Insurance cover

  1. #11

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    Quote Originally Posted by radish2008 View Post
    Doesn't that cover your substitutes if you have/need them in the future ?
    Yes it does; substitutes are working through your company under your contract so are treated as Employees for insurance purposes. There's a slightly convoluted argument that says not having ELI invalidates your RoS, but that's a little abstruse since you can always buy it when you need it and it only costs fourpence anyway.
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  2. #12

    My post count is Majestic

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    You've already started a thread asking the same question. Not sure hijacking other threads will help.
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  3. #13

    Nervous Newbie


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    Quote Originally Posted by northernladuk View Post
    You've already started a thread asking the same question. Not sure hijacking other threads will help.
    Agreed...... new to this forum thing!

  4. #14

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    Quote Originally Posted by SeanT View Post
    How can they insist on that if you don't employ anyone???
    It's a convoluted and rather flimsy argument , but it goes like:

    If you use a sub-contractor, you need that cover: regardless of how they are engaged, any worker under your control counts as an employee for ELI purposes.

    And that's significant because if you have a substitution clause then you may have to engage a subbie to fulfil it (remembering they work under your original contract, not a new one for them) and if you don't have ELI in place then your sub clause is clearly a sham and therefore no part of an IR35 defence...

    As I said, flimsy - but for the fourpence it costs, why take the risk.
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  5. #15

    Contractor Among Contractors


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    Or, you can flip it around and say, "Of course it's a genuine right of substitution. That's why I have EL cover, because I need to be covered if I end up needing to send a substitute."

    It's still flimsy, but then the flimsy argument is on your side rather than against you.

    Since we don't have a clear, legislatively-specified definition of employment / hidden employment, there will always be cases that are borderline. It's always a good idea to have an IR35 dossier with even the very weak / flimsy arguments, in a borderline case who knows what will tip it your direction? Every little helps if it's a close call.

  6. #16

    Contractor Among Contractors

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    Quote Originally Posted by malvolio View Post

    As I said, flimsy - but for the fourpence it costs, why take the risk.
    The reason I have it is even simpler.
    Client: you need it or you have to prove why you don't need it.
    Me: How do I prove I don't need it?
    Client: err..... hang on...... I can't find the process.... err..... nobody's asked before... err....
    Me: I've just bought it while you blathered.
    Client: cool. see you Monday

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