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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47388
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a self employed gardener and tree surgeon. I am about

Customer Question

I am a self employed gardener and tree surgeon. I am about to engage part time 2/3/4 days a week depending on workload somebody who is self employed. Do I need to take out employers liability Insurance?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Will you just have the one person working for you?
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes just one
Customer: replied 1 year ago.
Yes just one person.
Customer: replied 1 year ago.
Yes just one person
Customer: replied 1 year ago.
Where is my answer please?
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was in a meeting by the time your reply had come through. You will only have to take out employer’s liability insurance if you are employing employees, even if they are casual or temporary ones. You state that the person you are going to employ will be working on a self employed basis but you must ensure that this will indeed be the case because it does not matter what you label them as – their employment status will be determined by the way they are treated and the details surrounding their employment.
Following years of case law, a number of established factors have generally been accepted as a reasonably accurate way of establishing whether someone is an employee or self employed. The courts would still use some of these to get an overall picture of the employment relationship and determine the person's employment status.
You may use the Government’s Employment Status Indicator tool to find out what their status is most likely to be:
https://www.gov.uk/employment-status-indicator
By following the link and answering the questions you may get a good idea of what their employment status is, and determine if you need to take out ELI (if they are an employee) or not (if they are self employed).