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Replies
*sign* even I get this one and I don't even do garden maintanance
That's a good 'un, Richard!
Although you could argue Mrs Smith and yourself have a form of 'contract of employment', Mrs Smith is under no legal obligation to protect you, 'the employee' from harm or injury, or make fair compensation for any loss or damage resulting from any job-related accident, as commercial employers do.
>>>>by the definitions provided in that document there is a potential loophole
please explain where the loop hole is
Do what you feel you need to do to become professional and stand by your decision & be judged by your peers, the CPD, HSE, your insurers and finally your clients.
If you believe you don't need a license...then that's fine.
Richard we are not employees, we are contractors hired. If you work entirely for one single client then you may technically be their employee, with a contract of employment. In that case you can do it without training, but that must come under the 0.1% against gary's statement applying to 99.9%.
Don't muddy the waters when the answers need to be clear for those who don't seem to understand the basics.
richard davenport said:
Argue what?
Mrs Smith might employ you to do a job, but 'technically' and 'legally' she is not an 'employer'.
Having said that, if she is deemed to be your employer, then in the next six years she'll have to automatically enrol you in a workplace pension scheme and be expected to contribute to it. I'm with you, now! ;)
already discussed at at great lengths
http://www.landscapejuicenetwork.com/forum/topics/do-i-need-a-spray...
HSE web site
http://www.pesticides.gov.uk/guidance/industries/pesticides/topics/...
hmm...... strange when some disagrees and then deletes all his other comments don't you think ?
Gary RK said:
Dont get me wrong there are so many of people out there trying to make money by not gaining certs for different training I.E pa1, pa6, chainsaw, chipper, ect , yes it might save you money in the beginning, but you miss the one important think, If you dont have insurance, one small thing goes wrong your liable, if you do have insurance but arn't qualified your still liable. Its so easy to think nothink will go wrong and everythink will be okay, but then that day comes and you get hammered by a client because you destroyed there lawn or dropped a branch on a persons house, why can i say this, because i speak from expreriance ! if you want to drive a mondeo estate and have a trailor with a strimmer and mower and cut grass fine but if you want to be professional, save the money up get qualified get insured then go do it not the other way around. I always thought bad stuff happened to good people and nothink happened to bad people i was very very wrong.
Urgh - I wish we could rest this but We will never be able to rest this issue - Only today I was talking to another gardener about how this years gone - the subject of Lawn weeds came up - lo&behold hes spraying without a licence - the guys words (I wont name, hes not a member to defend himself and is well known in leeds) "Who polices it anyway? No-ones said a word to me and I've been trading 12 years, dont matter anyhow"
There will always be the pros, the semi pros, and the have-a-go's in our trade.... The have-a-gos come and go as we all know - the only trace they leave are people thinking gardeners work for peanuts.... the semi-pros work but dont comply with the law and the pros do everything properly, with the Legaly required training to be a gardener.... simples
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