Following the ruling of the Supreme Court on 13.6.18 in the Pimlico Plumbers Ltd v Smith case ( https://www.supremecourt.uk/cases/docs/uksc-2017-0053-judgment.pdf ) or (https://www.supremecourt.uk/cases/docs/uksc-2017-0053-press-summary.pdf) it is now determined that certain ‘self-employed’ contractors are deemed Employees in Law with similar rights.
Dave Mackie, NW Regional Manager at PIB Insurance Brokers, comments:
“Whilst every case will rest on its own merits and may require its own legal analysis what is certain is that it is the responsibility of commercial policyholders to provide a ‘fair representation’ of the risk to insurers.
“So, if a Policyholder operates a similar model to Pimlico Plumbers Ltd it would be prudent to ensure they inform their Employers Liability Insurers of the potential change in categorisation of workforce.
“That would help minimise underwriters claiming that they were unaware of the extent of the risk they insured when presented with a loss under the insurance. A breach of the Employers Liability Act & similar legislation can carry up to 2yr imprisonment.”
Further reading on this decision can be found at: