Only way to possibly reduce potential of claims and costs is to get a family member, and even then.....where currently has "high footfall"?I am looking to have someone place themselves in an area of high footfall wearing branded clothing advertising a business.
I am a sole trader starting off and not vat registered and don't want to have employees.
The person will be paid €12 per hour.
From a temp recruitment company perspective the cost could be calculated as a charge of €18 per hour plus vat at 23% = hourly charge of €22.14.
Going through the recruitment company will therefore increase the real cost by 85% for me and I'm not sure what my legal responsibilities are to this person in this scenario.
With the way the legal system is setting payouts for various injuries in the tens of thousands I want to make sure that I can't be hit for a big claim should they injury themselves while working on my behalf or any other financial claim they may have on me above their agreed pay.
Can you advise me on how I can structure this to remove any chance of liability should they hurt their toe while minimising the cost and admin involved? Thanks.
He's your employee for the purposes of this. So you are obliged to provide safe system and place of work etc. If they get injured they can sue you so it would probably be advisable to have employers liability cover if you want to minimise your exposure.
You're better off knowing who your target market are and spending the money on google, facebook or instagram.
I'd personally be starting off with a limited company and avoid the liability issue altogether.
I can tell you from personal experience working in McDonalds that it is much better to be paid the same to wander around an area while listing to music on your headphones that be frying 20 burgers at a time over a hot grill on a busy Saturday nightI never liked to see people being used as mobile billboards.
However, needs must at times for both the human under the billboard and the business sending him/her out.
If any of your current employees (who are already covered to some degree - though maybe not for the new circumstances of work, please check and get explicit confirmation from your business insurance broker) are short of work, they might be up for it.
Uber Eats aren't using a recruitment company to get employees. The recruitment company would have contigency EL to cover them if they are drawn into any acount, which a solicitor would do as they'd be an easy mark. You might be able to argue a grey area but you'll spend a a lot of your own money doing it without insurance.If an Uber Eats or Deliveroo delivery cyclist is injured they can't (successfully) sue the companies I believe and due to the nature of the work I'm sure there are minor injuries and damage to bikes on a daily basis. They are not employees also. Is this structured in a way that could be utilized by small sole traders who have a few hours of work available for someone but don't want the risk and admin associated with taking on the first employee.
Uber Eats aren't using a recruitment company to get employees. The recruitment company would have contigency EL to cover them if they are drawn into any acount, which a solicitor would do as they'd be an easy mark. You might be able to argue a grey area but you'll spend a a lot of your own money doing it without insurance.
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