This is a very difficult issue for insurance companies and brokers to be involved in - Insurance brokers act as advisors to the industry and will help firms with their insurance should they contact us. I would stress that if you know for certain that a company is trading without proper insurance and they employ anyone, then they are breaking the law and could face heavy fines or imprisonment. I agree that more could be done, and if anyone has ideas that can be put into place - let us know.
Below is an email sent to Ragscaff recently regarding insurance coverage.....
In the eyes of an insurer, it makes no real difference if you are paid under CIS, PAYE or other – if they have control (master / servant) on site then automatically you are defined as an employee. Some policies will show either
Bona Fide Sub Contractors Clause – which allow the policyholder to use sub contractors provided they have a set limit of insurance in place (generally £1m)
Sub Contractors Warranty – which again allows the policy holder to use either Labour Only or Bona Fide, providing the Labour Only are competent in the role required
The problem arises when the broker involved does not know the clear definition between the two sub contractors, and more importantly wants to get a cheaper price. Insurance companies do not charge for Bona Fide Sub Contractors whereas Labour Only’s are priced same as PAYE Scaffolders.
This is why I would estimate that 70% of firms are under insured or wrongly covered. But when it is highlighted that they should be paying more this usually ends in them opting for a cheaper option.
In most of the Construction and Contracting sectors, it is easy to define Bona Fide Sub Contractors for example –
Roofing Contractors will sub contract Scaffolders, Skip Hire etc
Builders will sub contract to Plant Hire, Demolition, Scaffolders, Roofers etc
But Scaffolders are ‘labour intensive’ and although the majority of the workforce are (in the eyes of the taxman) Bona Fide they are all effectively employees. The only exception would be if, for example, ABC Scaffolding Ltd priced a job but asked XYZ Scaffolding Ltd to erect and dismantle for a fee using their own gear.
Trust this helps?