Freelancer liability

[Jivemaster]

In the ents industry I now ONLY do pyro and fireworks. BECTU insurance was suggested before for pyro but when I spoke to BECTU office I couldnt even determine whether the insurance covered PYRO it certainly didnt cover fireworks. Then a major supplier said that they wouldn't supply pyro on BECTU insurance because the small print was too incomprehensible and they couldn't determine whether the insurance would cover pyro.

 

Back on topic.

 

It seems that a self employed contract fireworks firer is a point to which HSE et al can attribute blame and responsibility therefore a Self Employed firer would be wise to have insurance to cover potential legal fees and liabilities. Which confirms my original premise that I would be better as an employee under PAYE and under the employers insurance.

[Paul TC]

It seems that a self employed contract fireworks firer is a point to which HSE et al can attribute blame and responsibility therefore a Self Employed firer would be wise to have insurance to cover potential legal fees and liabilities. Which confirms my original premise that I would be better as an employee under PAYE and under the employers insurance.

 

Responsibilty lies with both employee and employer HSE Website Workers Rights and Responsibilities

 

See this for an employees legal duties Workers responsibilities

[lrh]

A lot of different comments and views here. David Rraeburn gave some good answers on the insurance side. As an insurance broker I can clarify a few areas:-

 

1) Public Liability is never a legal requirement, but is sensible to have. Also employers can insist you have it. Remember if you are a sole trader you can be sued for all your personal assets including your house so PLI will protect against claims against you.

2) Employment law is different to accountancy rules - so although you may not be an employee for accountancy purposes, you could be for employment law purposes. As freelancers work under the control of the contractor, the contractor will usually be held responsible if the freelancer is hurt on site due to their negligence e.g faulty equipment, inadequate H&S precautions, and this would be a claim under their Employers Liability policy.

3) The contractor will normally have PLI to cover all their freelancers. However if the freelancer is negligent in his work they can possibly then sue the freelancer. So it is sensible for them to have their own PLI insurance.

4) The BECTU scheme is cheap, but does have restrictions on the type of work undertaken - make certain you check the conditions.