Client co's tulip chair

[northernladuk]

Wet sign: Yes

New chair (As per context of this thread): No

Client co have provided a chair. Tulip or not. Personal circumstance or injury requiring a different chair should be provided by the contractor and not client co.

I don't know what the law says but they won't want to be responsible if their chair causes further complications for which you sue them. I guess they could say it's your problem and if you are incapable of supplying services safely they'll pull the gig.

I'd be more than happy to ignore IR35 on this one. It's so borderline it would be a very minor flag at worst. IMO H&S is such a minefield no one could be blamed for trying to do the right thing.

[vadhert]

Anything to back this up ? Link or otherwise ? or are you just guessing ?

I am just guessing above but I think its an educated guess.

No its reality. If a contractor on 6 month contract at a site has discomfort after an injury then the client isn't likely to fork out for a new chair for this contractor. They are here for a fixed period, why would they pay to make the temporary resource comfortable when during the gig they had an injury?

I cant make this any clearer can I?

[vadhert]

Have a read of the Management of Health and Safety at Work Regulations 1999.

One recent famous use of it was fining Hugo Boss when a mirror fell on a boy and killed him when the boy and his father were shopping.

What a completely ridiculous comparison.

[SueEllen]

What a completely ridiculous comparison.

Read what the act is called.

[SueEllen]

No its reality. If a contractor on 6 month contract at a site has discomfort after an injury then the client isn't likely to fork out for a new chair for this contractor. They are here for a fixed period, why would they pay to make the temporary resource comfortable when during the gig they had an injury?

I cant make this any clearer can I?

Because you can sue them.

Or report them for breaching H&S and make their life hell.

[northernladuk]

No its reality. If a contractor on 6 month contract at a site has discomfort after an injury then the client isn't likely to fork out for a new chair for this contractor. They are here for a fixed period, why would they pay to make the temporary resource comfortable when during the gig they had an injury?

I cant make this any clearer can I?

More likely to bin him. Companies can be very risk averse when it comes to H&S. The directors can go to jail for breaches so can understand why they take it seriously.

[dx4100]

No its reality. If a contractor on 6 month contract at a site has discomfort after an injury then the client isn't likely to fork out for a new chair for this contractor. They are here for a fixed period, why would they pay to make the temporary resource comfortable when during the gig they had an injury?

I cant make this any clearer can I?

Oh ok, so you are guessing....

What the client is likely to pay for or not is very much client dependent.

Why would they pay for it ?

• Because they want the contractors skills?
  
• They understand their responsibilities under the H&S legislation ? and If he used them he could potentially sue?
  
• It can be reused for other future employees maybe just like the laptop and desk ?

But these are all besides the point.... The issue was IR35 and it would seem you was offering a uneducated guess on the issue.

[SueEllen]

I don't know what the law says but they won't want to be responsible if their chair causes further complications for which you sue them. I guess they could say it's your problem and if you are incapable of supplying services safely they'll pull the gig.

I'd be more than happy to ignore IR35 on this one. It's so borderline it would be a very minor flag at worst. IMO H&S is such a minefield no one could be blamed for trying to do the right thing.

It's called the Management of Health and Safety at Work Regulations 1999.

It's a catch all act to ensure organisations and individuals in charge can't wiggle out if their legal H&S obligations. Hence mentioning the mirror case.

[vadhert]

Oh ok, so you are guessing....

What the client is likely to pay for or not is very much client dependent.

Why would they pay for it ?

• Because they want the contractors skills?
  
• They understand their responsibilities under the H&S legislation ? and If he used them he could potentially sue?
  
• It can be reused for other future employees maybe just like the laptop and desk ?

But these are all besides the point.... The issue was IR35 and it would seem you was offering a uneducated guess on the issue.

The point I am making is that providing a new comfortable chair just for a contractor to have less backache smell's slightly IR35-ish to me. Uneducated guess or not.

[northernladuk]

The point I am making is that providing a new comfortable chair just for a contractor to have less backache smell's slightly IR35-ish to me. Uneducated guess or not.

It might possibly be when it comes right down to the wire but it's going to be a very small flag at worst and once you start bringing H&S in to it no one will want to dig too deeply.