Reply to: Changes to the law?

[Peoplesoft bloke]

There is no law requiring any of those insurances - if there was, they could quote it, and there ain't so they can't.

There isn't even a law saying they need to see your passport.

What there is, as usual, is a set of vague requirements from HMG coupled with draconian penalties for employers caught engaging people with no right to work here. They do this in order to create "problems" which they can use our taxes to "solve"

In consequence jobsworth HR and legal wonks are demanding all sorts of stuff to which they have absolutely no right.

Welcome to New Britain where you are guilty of everything until you prove otherwise, and are assumed to be lying about everything until you furnish jobsworth wonks with daft paperwork.

[ASB]

You could plug your laptop in at a clients site and then someone come along trip on the power cord, smash their head on the side of a desk and fall onto the pen they were carrying killing them in a final destination style.

I'd be glad of having Public Liability insurance in that instance.

If they weren't actually killed you'd be better off quietly finishing them off - from an insurance standpoint. Much more cost effective and with luck you wouldn't then go over your cover limits.

[ASB]

Indeed and my PL in my contents insurance should cover that. If I can remember who my insurance company is, I'll call and ask if it covers me at work but I can't see why not.

The likelihood of it being covered on your household cover is pretty close to nil. Even if it does cover you off your domestic curtilage it is unlikely to cover your company who would almost certainly be co or sole defendants in the resulting case.

[ASB]

You definitely don't need Employers Liability for a one man band setup.

http://www.hse.gov.uk/pubns/hse40.pdf

Bottom of Page 3


Does the law apply to me?

You need employers’ liability insurance unless you are
exempt from the Employers’ Liability (Compulsory
Insurance) Act. The following employers are exempt:

companies employing only their owner where that
employee also owns 50% or more of the issued
share capital in the company.


I'd get PI and PL insurances though to be on the safe side. I know other contractors that didn't bother with the insurances until they were challenged

If you meet those criteria then you don't but:-

A 50/50 shareholding split with a spouse or similar and that condition is not met. [Edit: Doh, doesn't disqualify I thought it was more than 50%]
Employing spouse or similar and that conditions is not met (not strictly a one man band of course).

One or other of the above will catch a proportion of contractor companies.

[Dow Jones]

Noddy

You seem completely clueless mate

[morsing]

You could plug your laptop in at a clients site and then someone come along trip on the power cord, smash their head on the side of a desk and fall onto the pen they were carrying killing them in a final destination style.

I'd be glad of having Public Liability insurance in that instance.

Indeed and my PL in my contents insurance should cover that. If I can remember who my insurance company is, I'll call and ask if it covers me at work but I can't see why not.

[agam]

You could plug your laptop in at a clients site and then someone come along trip on the power cord, smash their head on the side of a desk and fall onto the pen they were carrying killing them in a final destination style.

I'd be glad of having Public Liability insurance in that instance.

[morsing]

You definitely don't need Employers Liability for a one man band setup.

I knew that, I even got Sanderson to admit that which was an achievement

I'd get PI and PL insurances though to be on the safe side. I know other contractors that didn't bother with the insurances until they were challenged

Right, I've (obviously) got PL insurance but nothing called "Professional Liabilty insurance". Can't see why my normal PL wouldn't cover me even at work.

PI would be more relevant, still haven't really found if there been changes to tha law as Sanderson says. Hmm...

[miffy]

You definitely don't need Employers Liability for a one man band setup.

http://www.hse.gov.uk/pubns/hse40.pdf

Bottom of Page 3


Does the law apply to me?

You need employers’ liability insurance unless you are
exempt from the Employers’ Liability (Compulsory
Insurance) Act. The following employers are exempt:

companies employing only their owner where that
employee also owns 50% or more of the issued
share capital in the company.


I'd get PI and PL insurances though to be on the safe side. I know other contractors that didn't bother with the insurances until they were challenged

[NickNick]

I've recieved this from my agency, Sanderson,

Ahh there's your problem, right there...

He's managed to get our IT manager to believe that changes in the law means that I am now required to have insurance. I haven't heard this before, can someone confirm this? Sanderson's legal department is clueless and has been unable to provide me with evidence.

I'm leaving Sanderson now if nothing else because of the annoyance factor.

Thanks

I left them a while back and haven't looked back. Their legal team did try and "follow up" on me but gave up after a while. So agree that they are Clueless.

[tim123]

If you operate a one person limited company and don't have any employees you don't need EL. However you probably need the other 2 particularly if you work outside your home and are responsible for/can touch a live system.

You only need them in the sense that you (someone with a house) need house insurance.

If you think that you can self insure, there is no reason why you cannot take on this risk yourself.

tim

[morsing]

Right, contradicting statements... Can the people saying I need the insurance point me to the relevant legislation then?

Thanks

[biggi]

compulsary insurance

the insurance thing bugs me its like everyone wants a piece" it is very annoying so you cant trust anyone. It took me ages but i found a good company and i trust them www.oliver-black.co.uk to sort out my pay and i can phone her anytime to ask whats happening with pay, insurance changes in law etc. hey let me know how much to put aside for my year end tax and insurance etc. they do all that for me. they might know if its compulsary..



I've recieved this from my agency, Sanderson, demanding that I provide:

* Certificate of Incorporation
* VAT Certificate (if appropriate)
* Employers Liability Insurance
* Professional Indemnity Insurance
* Public Liability Insurance
* Passport or other relevant documentation such as residence
permit, registration certificate or Immigration Status Document [showing
right of abode / right to work in the UK where applicable] (please do
not fax copy of Passport)
* Proof of Residence [e.g. utility bill showing residential
address, dated within the last 3 months]
* Limited Company Details (Form 3)
* 2 Referees (Form 4)

Now, I've managed to get them to accept not recieving most of it since I've already worked for them for five months but they keep insisting that changes in the law means they're required to have copies of passport and that I have the three types of insurance!

After reading other threads here I suggested blanking out the photo but my contact there says they need the copy for ID. Now, no-one at the agency has ever met me and the quality of the copy is so poor I could have stuck a random photo on there with bluetack and they wouldn't know. I can't get him to understand how silly this is.

He's managed to get our IT manager to believe that changes in the law means that I am now required to have insurance. I haven't heard this before, can someone confirm this? Sanderson's legal department is clueless and has been unable to provide me with evidence.

I'm leaving Sanderson now if nothing else because of the annoyance factor.

Thanks[/QUOTE]

[NotAllThere]

Send them the one here and see if they notice.

[SueEllen]

If you operate a Ltd. Co, all the above relating to it are valid requirements, inc all 3 insurances. If anything, clients are reassured and you are one more step further away from IR35.

If you operate a one person limited company and don't have any employees you don't need EL. However you probably need the other 2 particularly if you work outside your home and are responsible for/can touch a live system.

From recent losses the special commissioner only give a f*** about whether they can show your contract and working conditions fall foul of IR35.