Who's liable for my tools destroyed in fire at workplace ?

theoretica

Have you checked the smallprint on your home insurance?  It is unlikely the tools are covered, but worth checking.

MotoTed

Undervalued said:

MotoTed said:

Hi all. Thanks for your relies. 
I was self employed at my last job. Its what's known as a labour only contractor. I was covered on their insurance for liability and my tools. I called up a few insurance companies then to see if I needed liability insurance and they told me I was covered under their policy due to the circumstances..  It's a tricky and grey area being self employed but doing a job that is really as an employee.  Remember the big upset with Uber and the delivery companies keeping people self employed when really they acted like employees. It's basically being f**ked over by an employee so they don't have to pay you for sickness, holidays, pension etc. 
That's not the issue here though. 

I've talked to the boss. He said nothing in the workshop was insured. He said he will try and help me out. Whatever that means. 

I'm trying to keep on good terms. There is no job for me there now anyway. As there is no workshop. 

Yes, it is "tricky" but that has little to do with the situation regarding the loss of your tools.  To make matters worse it is perfectly possible to find that HMRC decide you are an employee but an employment tribunal may take the view that you are self employed! Neither is binding on the other!

Regarding the tools, they were your property regardless of your employment status. The "employer" would only be liable for them if they both agreed to you leaving them on the premises (did they?) but then failed to take reasonable care of them. The normal expectation is that you insure your own property or, if you choose, take the risk yourself.

The employer asked me to bring my tools in. And as a mechanic, you are always expected to leave them at work as they require a van and a team of strong men to move them..  It is unfeasible and unreasonable to bring them home everyday.  It simply does not ever happen. 
If they took reasonable care of them all depends on the outcome of the investigation of the fire. If the business is found to be negligent (for their sake I hope they don't), then I could say they didn't take care of my tools after asking me to bring them in. 

Undervalued

Yes, obviously if you suffer any kind of loss as a result of somebody else's negligence then they can be liable.

nicechap

MotoTed said:

Undervalued said:

MotoTed said:

Hi all. Thanks for your relies. 
I was self employed at my last job. Its what's known as a labour only contractor. I was covered on their insurance for liability and my tools. I called up a few insurance companies then to see if I needed liability insurance and they told me I was covered under their policy due to the circumstances..  It's a tricky and grey area being self employed but doing a job that is really as an employee.  Remember the big upset with Uber and the delivery companies keeping people self employed when really they acted like employees. It's basically being f**ked over by an employee so they don't have to pay you for sickness, holidays, pension etc. 
That's not the issue here though. 

I've talked to the boss. He said nothing in the workshop was insured. He said he will try and help me out. Whatever that means. 

I'm trying to keep on good terms. There is no job for me there now anyway. As there is no workshop. 

Yes, it is "tricky" but that has little to do with the situation regarding the loss of your tools.  To make matters worse it is perfectly possible to find that HMRC decide you are an employee but an employment tribunal may take the view that you are self employed! Neither is binding on the other!

Regarding the tools, they were your property regardless of your employment status. The "employer" would only be liable for them if they both agreed to you leaving them on the premises (did they?) but then failed to take reasonable care of them. The normal expectation is that you insure your own property or, if you choose, take the risk yourself.

The employer asked me to bring my tools in. And as a mechanic, you are always expected to leave them at work as they require a van and a team of strong men to move them..  It is unfeasible and unreasonable to bring them home everyday.  It simply does not ever happen. 
If they took reasonable care of them all depends on the outcome of the investigation of the fire. If the business is found to be negligent (for their sake I hope they don't), then I could say they didn't take care of my tools after asking me to bring them in. 

As you’ve said the garage didn’t have insurance I expect the most likely outcome will be them filing for bankruptcy and if you sue, after you win in small claims court in 6 or 18 months time, you’ll be one extra creditor behind those with better & earlier claims. You need to prepare yourself for disappointment.

DCFC79

Dakta said:

DCFC79 said:

Ozzuk said:

I posted on your PH thread, but just thought of another point - if you were self employed did you have sufficient liability insurance ( in case you caused damage) - if you didn't have tool insurance then I'm guessing no so another thing to correct if you did somehow manage to keep job.

Which thread is that ?

The OP has only made 1 post and that's to start this thread.

He's made a few posts, albeit beyond the boundaries of this website

feast here 

Ah yes PH is Piston Heads, yes I should have figured that out.
Thanks