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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 10392
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello I am a director of a ltd company, I have been offered

Customer Question

Hello

I am a director of a ltd company, I have been offered a 6 month contract by a company. As part of the contract the company want me to be responsible for their employees and any mistakes they make as I am managing them? - is this correct and legal? Surely as a contractor I am responsible only for my own actions (or my employees actions) not for another company's employees?

Please get back to me with some advice over my rights or what the contract should be?

Many thanks
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. What is the contract for and is it between you personally or your company? PS I was just going offline when I saw your question so will respond first thing in the morning,thanks
JACUSTOMER-efwfhg29- :

hi Ben, thanks for getting back to me. the contract is with my company which I am a director of, the contract is for my services as a manager and designer. The comoany which wants me to sign contract is saying I will be responsible for any mistakes their employees make as I will be managing them - is this correct and legal as it feels like it shouldn't be my responsibilty? thanks

Ben Jones :

Hello, such a request would not really be unlawful. Whilst you are correct that in the general legal sense a contractor is only responsible for his own actions, this can be varied through a specific contractual clause. It means that these responsibilities are only limited to your own actions in the event that there was no agreement in place and this is what would be implied. However, if you and the employer agree on a specific wording, which goes to create liabilities beyond that, then you will both be bound by it and the fact that it covers more than what you would normally expect would not make it illegal because it would have been agreed by both parties. So at this stage it is entirely a matter of negotiation – you cannot be forced to accept these extra responsibilities and can negotiate for their removal from the contract but at the same time the company does not have to offer you the contract if they are not happy about removing them from it. Therefore, you must discuss this and negotiate a contract that you are not happy to sign, because until that is done neither party can be forced to agree to the current terms.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

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