Gents,
I was talking with one of my insurers regarding Public Liability cover and Employers Liability Insurance in respect of Agency workers.
This is a grey area and i think will need clarifcation on who covers who?
the conversation we had was with a scaffold company who advised all their sub contract / agency staff were insured by the labour supply agency (or payroll agency) and needed to take our their own Public liability policies. this is slightly incorrect - please see comments below exchanged between insurer and myself (broker)
"It's not unheard of... It all depends on the insurance policy that the agency has AND the contracts that the agency has in place between a) the subbies and b) the scaffolding company (end hirer)
However regardless of that your right in what you say- the law normally always reverts back to the direction, supervision and control of the subbies...which will lay with the end scaffolding firm if liability arises....
If the agency employees the scaffs simply to do their tax and NI then they sound more like a payroll/umbrella company and my expertise would suggest that if that is the case, their policy wouldn't adequately cover the subbies for EL as it's nothing less than a 'tax efficent' way of trading and avoiding the agency worker regulations passed in october. Liability will revert back to the firm regardless of contracts in place then.
only two ways I can help you is get the name of the agency and I will see if it's one of ours or get your hands on the policy document from the agency.... or just do what I would do and recommend that the scaffolding firm buys adequate PL&EL cover!"
I hope this helps any firm or individual - any thoughts let me know.
I was talking with one of my insurers regarding Public Liability cover and Employers Liability Insurance in respect of Agency workers.
This is a grey area and i think will need clarifcation on who covers who?
the conversation we had was with a scaffold company who advised all their sub contract / agency staff were insured by the labour supply agency (or payroll agency) and needed to take our their own Public liability policies. this is slightly incorrect - please see comments below exchanged between insurer and myself (broker)
"It's not unheard of... It all depends on the insurance policy that the agency has AND the contracts that the agency has in place between a) the subbies and b) the scaffolding company (end hirer)
However regardless of that your right in what you say- the law normally always reverts back to the direction, supervision and control of the subbies...which will lay with the end scaffolding firm if liability arises....
If the agency employees the scaffs simply to do their tax and NI then they sound more like a payroll/umbrella company and my expertise would suggest that if that is the case, their policy wouldn't adequately cover the subbies for EL as it's nothing less than a 'tax efficent' way of trading and avoiding the agency worker regulations passed in october. Liability will revert back to the firm regardless of contracts in place then.
only two ways I can help you is get the name of the agency and I will see if it's one of ours or get your hands on the policy document from the agency.... or just do what I would do and recommend that the scaffolding firm buys adequate PL&EL cover!"
I hope this helps any firm or individual - any thoughts let me know.