Employment law for contract employees

M

markod

Registered User
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Hi

I wonder if anyone can offer advice...

I worked for a multinational on a contract basis for about 4 years. It was a pretty standard arrangement where I had a limited company which invoiced an agency which in turn invoiced the multinational.

After 4 years working on this basis I accepted a permanent role within the company doing exactly the same job within the same team and at the same location.

A couple of years later I developed an injury which in my and my doctor's opinion was directly related to a lack of care by the employer ( no training or monitoring). This injury persisted for a further couple of years while I had treatment, mainly at the employers expense. I was then made redundant but was unable to accept similar work, which was offered, because of the injury. In the end I had to accept a completely different role on about 20% of my previous salary.

Through my solicitor I am discussing the issue of compensation with the company. However, they are arguing that they only had duty of care for the period when I was a permanent employee and that the injury may have actually occurred or started to occur, remaining undetected, while I was on the temporary contract.

Even if this were true, which doesn't seem plausible anyway, would they still have been responsible for my health and safety etc. even when I was employed on a contract basis? In case it's relevant, the symptoms of the injury first appeared in late 2003.

If anyone has information on specifics laws or acts it would be much appreciated.

Many thanks
 
My 2p's worth.

  1. A multi-national corporation needed a qualified widget-maker.
  2. They contacted an employment agency and asked them to secure and supply the services of a qualified widget-maker.
  3. OP's company, his employer, also contacts the employment agency and offers to supply the services of a qualified widget-maker. The employment agency offers the multi-national OP's services and they accept. A three-tier series of contracts is put in place.
  4. For a four-year period OP delivers his widget-making capability to the multi-national on their premises, while being paid by his employer, his own limited liability company.
There is never any contract between OP and the multi-national, nor between OP's limited company and the multi-national. If an injury occurs to OP during this time, the duty of care is owed to OP by his employer, his own limited company, IMHO.
 
Leave your solictor deal with the matter, the reason i suggest this is because statute of limitations is now only 2 years. There is a risk this matter may be raised.
It is intersting that under the 2005 health and safety at work act, they could be considered as an employer under health and safety law, and not an employer under employment law. This would mean they would under the new act they owed you a duty of care, however because you mentioned 2003, this was before the new act, which came into being on 1st sept 2005.

I would suggest your solictor consults with a good barrister who deals with health and safety issues, I could suggest one but maybe I am not allowed to. I heard him speak at several health and safety conferences and he seems to be knowledgable on the issues. I have no connection with him. He seems good but your solictor proably knows a good one anaway.

If it is a back injury, you are in the majority. Even if it turns out that they say you were trained, you can question the trainers qualifications.

Check with your solictor if the statute of limations could be a concern.
Did you do a medical for them before you started employment with them?

Best of luck.
:)
 
Thanks for the feedback guys. With regard to a medical, they didn't ask for one. The injury itself isn't a back injury, something less common but more debilitating in the sense that I can't continue my normal employment.
 
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