Who's liable for my tools destroyed in fire at workplace ?
Discussion
United Kingdom.
Hi all.
I've got a tricky question. I was hoping someone here would have some experience or insight.
I went for a job at a workshop. The boss was keen to hire me but he said he'd put me on a trial for a few weeks to see how I got on. He told me to bring in my tools and do a couple of days a week in the workshop and he'd pay me under a self employed basis.
Basically i'd invoice him for days worked. I know that's naughty as it's being a disguised employee. It's a grey area but could be seen as illegal.
Two weeks into my 'trial' I get a phone call from one of the other technicians that the workshop had burned down with everything in it. Including over £3000 of my tools. These tools are my livelihood and took me over ten years to accumulate.
At the moment I'm registered as self employed. I went for this job as I need a contract to buy a house with my fiancee.
I never had a contract with him as I'd literally only been there two weeks. (Four days)
He paid me cash into my bank account for two days work (January) so I have evidence that I was working there.
My tools are still there as a melted pile of metal in the corner of the workshop. Investigation is still on-going.
I don't have personal insurance for my tools as they were fully insured at my previous workplace. So it totally slipped my mind to privately insure them.
I have yet to see the boss. He seems to be impossible to get hold of. I appreciate his head is up his **** due to the fire though.
Any ideas here ??
I obviously want to claim on his insurance and keep my job. That would be the best outcome.
If I have to, I could take him to Small Claims court but I don't know who would be liable in my circumstances.
The boss has a reputation for being super cheap. The concept of him just paying for them out of his pocket out of good will is pretty much forgettable.
Thanks in advance.
Hi all.
I've got a tricky question. I was hoping someone here would have some experience or insight.
I went for a job at a workshop. The boss was keen to hire me but he said he'd put me on a trial for a few weeks to see how I got on. He told me to bring in my tools and do a couple of days a week in the workshop and he'd pay me under a self employed basis.
Basically i'd invoice him for days worked. I know that's naughty as it's being a disguised employee. It's a grey area but could be seen as illegal.
Two weeks into my 'trial' I get a phone call from one of the other technicians that the workshop had burned down with everything in it. Including over £3000 of my tools. These tools are my livelihood and took me over ten years to accumulate.
At the moment I'm registered as self employed. I went for this job as I need a contract to buy a house with my fiancee.
I never had a contract with him as I'd literally only been there two weeks. (Four days)
He paid me cash into my bank account for two days work (January) so I have evidence that I was working there.
My tools are still there as a melted pile of metal in the corner of the workshop. Investigation is still on-going.
I don't have personal insurance for my tools as they were fully insured at my previous workplace. So it totally slipped my mind to privately insure them.
I have yet to see the boss. He seems to be impossible to get hold of. I appreciate his head is up his **** due to the fire though.
Any ideas here ??
I obviously want to claim on his insurance and keep my job. That would be the best outcome.
If I have to, I could take him to Small Claims court but I don't know who would be liable in my circumstances.
The boss has a reputation for being super cheap. The concept of him just paying for them out of his pocket out of good will is pretty much forgettable.
Thanks in advance.
One option I was suggested is that I sue him for negligence. But I'd have to prove that he was negligent.
The workshop was a complete fire hazard. Plastic containers of waste oil stacked up against a wall. Vehicles left on charge over-night. Fuel not kept in fuel cupboards etc. He was negligent. But I can't prove it.
Who knows. The insurance investigation may show that up...
I obviously don't want to be "That guy" who goes down that route though..
Cheers
The workshop was a complete fire hazard. Plastic containers of waste oil stacked up against a wall. Vehicles left on charge over-night. Fuel not kept in fuel cupboards etc. He was negligent. But I can't prove it.
Who knows. The insurance investigation may show that up...
I obviously don't want to be "That guy" who goes down that route though..
Cheers
LittleBigPlanet said:
Conversely, IANAL, but if you recognised this, surely it begs the question as to why you willingly left your tools in said fire hazard (which you freely acknowledge your livelihood depends on). Not trying to be difficult (I hope you manage to resolve this) but statements like the above probably won't get you too far into a conversation with a competent lawyer.
A fair comment. However I could argue I didn't realise it was a fire hazard until it burnt down and I started to ask myself why !
Douglas Quaid said:
If you get arsey about your tools there’s no way he’ll employ you again. You say you want to keep your job with him, you’ll just have to buy more tools.
I’ve had tools nicked before while being on a job for someone. I just swore then bought more. If you can’t afford them then use a credit card and get working to pay it off. That’s my advice.
Absolutely. That's another issue isn't it. I’ve had tools nicked before while being on a job for someone. I just swore then bought more. If you can’t afford them then use a credit card and get working to pay it off. That’s my advice.
I don't even know if I have a job there anymore. They have no workshop anymore... And not for the foreseeable future.
I'm self employed. But I was on a trial to be employed there.
I've talked to the boss. He said I'm not insured. He said even his other tech's, who's been there 5 years, aren't insured either.
He said he will try and help me out if he can. But I'm not holding my breath.
Yes. I should have had my own insurance. But I was only four days into my new job and my old job had my tools fully insured. I didn't even think about it.
So now I have no job and no tools.
I've talked to the boss. He said I'm not insured. He said even his other tech's, who's been there 5 years, aren't insured either.
He said he will try and help me out if he can. But I'm not holding my breath.
Yes. I should have had my own insurance. But I was only four days into my new job and my old job had my tools fully insured. I didn't even think about it.
So now I have no job and no tools.
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