New health and safety rules will put worker status under a spotlight

Changes prove the need for robust auditable processes when engaging subbies

Worker status will remain in the news this spring, this time not for workers claiming holiday pay, but with forthcoming changes to health and safety legislation regarding the provision of personal protective equipment.

Under new regulations, employers’ and employees’ duties regarding personal protective equipment will be extended from just employees to include limb (b) workers from April.

Ian Anfield, our managing director, said:

 Hudson Contract clients do not need to worry about these changes. The legislation targets ‘workers’, and those contracted by Hudson are ‘self-employed’.

"Usually the worker debate centers around holiday pay claims, as in the Uber and Pimlico cases, but it also affects auto enrolment pensions and from April provision of PPE on building sites.

"Whether or not a self-employed person is also a worker is a very complex debate which often ends up in employment tribunals. People claiming worker status can claim from end user construction firms ignoring agencies and third-party payroll arrangements designed to place them at arms-length. They are difficult and expensive to win which is why Hudson’s 25 year 100% record of winning status cases sets us apart from our competitors.

"From speaking to clients, regardless of the nuances of status, they tell us they would not skimp on PPE anyway, they run safe sites and provide whatever is needed to whoever needs it. Whilst our clients need to be aware of this legislation, if they are doing things correctly, it will not really change the way they work."

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