What am I liable for if I hire a freelancer?

[HumbleTh13teen]

Hello to you all,

Really need some help with this...so if I offer wedding photography within my business for example and then I hired a freelancer to complete the job, what exactly am I liable for? Health & Safety...does that lie with me? Or would the freelance photographer be the one who needs this?

Any other advice or perspectives on this question, or perhaps further clarity is needed, please do let me know.

Many Thanks,
@HumbleTh13teen

 

[Awinner2]

As the contract would be between you and your clients, you would be legally responsible for any "mishaps" caused by your subcontractor.

 

[HumbleTh13teen]

Excellent, thanks for your response. I did have this thought process but there has been so much 'to-ing and fro-ing'.

By the sounds of it I would need public liability insurance for this purpose too right? Is there anything else that I could be missing to protect myself and my business when hiring a freelancer/subcontractor?

Thanks again

 

[ethical PR]

Contract, payment terms etc

 

[fisicx]

A thick skin to deal with the complaints if they mess it up and the wedding is ruined.

 

[KAC]

Public liability won't help you if they mess up the photography. Unlikely to be an insured event. What you are looking for is to ensure that the photographer - and you - have professional indemnity insurance. Have a look here for an example

 

[paulears]

As you are not the self-employed person's employer many of the usual requirements won't apply - but of course that person is effectively working independently, so if you, as his client cause any issues for him, then he could take action against you, as you would against your clients. In practical terms self-employed people will usually be stand-alone, so he should have his own insurance for public liability and perhaps professional indemnity insurance if he belongs to one of the photographic organisations. You do need to be aware that some things you might do could render him in HMRCs view, an employee if they apply the usual tests. If you supply the equipment, indicate what hours he works, and importantly, insist what he shoots belongs to you, then that might fail a test, so you could be responsible for paying employer and employee NI, plus his tax. Some photographers are genuinely self-employed while others might have another job, doing this on the side. Be careful.

 

[KAC]

Surely the OP will be at risk assuming that the person who is booking him won't know that he is contracting out some of the work.
If the photographer messes up, the wedding couple's contract will still be with the OP. It will be the OP who they sue