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

[tedmagnum]

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.

 

[grim_d]

No experience or insight but I would fully expect his insurance to cover his workers kit, wether self employed or not.

 

[R-D-R]

Do you have a catalogue of your tools any photos etc. ? I would hope the insurance would pay but from experience of being robbed 5 times of all my tools the process of getting back what you actually had is arduous without proof.

I’d start working through making a detailed list right down to each socket and screwdriver bit with makes and models if you can. Online purchase emails are valid if you don’t have receipts. I would have this ready when you speak to the boss to help get across the gravity of your situation.

 

[Keith 66]

If the bloke has a reputation for being "super cheap" i think you had better prepare yourself for having to swallow it. By all means try but you will need a paper trail of receipts for power tools, the insurance co is unlikely to pay out for anything without it. Thats if he is insured at all.

 

[earthman]

Sorry to hear what's happened to you, the boss does sound a bit dodgy to me, doubt that he's going to want to give you any insurance money to be honest, hope that I'm wrong though.

 

[Craig-SM]

Unfortunately you’re not his worker but self employed in this case as such you should have insurance to cover your own tools. If you’re not insured then you will have a hard time claiming on any other insurance such as house.
Even if you were employed then you’d need it written into a contract of employment that your tools were covered by the business insurance. You have the option of claiming off the business by going through the courts but again without anything in writing he need only say that you’re supposed to take your tools home with you on a night.
As others have said you may need to just put this down to experience, an expensive one at that.

 

[8ob]

As a business in what I assume is a rented premisses he would or should have insurances in place to cover third party losses, we have to display our certs on the wall.

Bob

 

[eLuSiVeMiTe]

As a business in what I assume is a rented premisses he would or should have insurances in place to cover third party losses, we have to display our certs on the wall.

Bob

When I'm subcontracting iirc I'm covered under the main contractors policy might be wrong here or may have changed.

 

[CompoSimmonite]

Get proper legal advice

 

[Matchless]

I think he would have had buildings and public liability insurance, anything else is optional, and expensive, he may well not have covered employees tools, and you were not an employee, not really self employed, more like cash in hand, maybe as you were trying out for a full time position you could just be covered if he had any cover but insurance companies are always looking for a way to keep their money, not to pay it out! it took me 6 years to get a settlement for personal injury with NO liability issues, I recon Prudential spent £150,000 trying to NOT pay me!

I don't think legal advice is worth paying for, even a barristers opinion is so wishy washy it is rarely worth the paper, a local solicitor is generally best left to conveyancing and such like,

Get details of his ins. co. and see where you go but I suspect you will get something less than nothing, if he was a LTD company even less chance, no one to take to the small claims, talk to other proper employees, ex employees? to see what he is saying to them,

 

[zx9]

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.

That is rough, it is not the big items you will miss the most it is all the little bit and bobs you have accumulated or made over the years that can not be easily replaced. After the van was broken into and £2Ks worth stolen months later I was thinking 'I'll just use the big old set of dividers (or what ever), buXXer they were in the van'

Unfortunately you’re not his worker but self employed in this case as such you should have insurance to cover your own tools. If you’re not insured then you will have a hard time claiming on any other insurance such as house.

That I fear may be the case^^^^^^^.

When I'm subcontracting iirc I'm covered under the main contractors policy might be wrong here or may have changed.

I have always had to provide my own Public Liability and personal insurance and have always assumed that on site there would be no cover for loss or damage to tools.

Get proper legal advice

^^^^^^ You may have to do this ^^^^^^^^^ but see if you can have a conversation with the boss first find out where you stand.

 

[aguycalledsteve]

I'd seek proper legal advice.

 

[Migmac]

Get legal advice, then go and see your boss.

 

[roofman]

Looking at your signature is this connected with the Marriotts fire?....if yes then getting paid from your boss will be a tall order

 

[Turbo]

Talk to the other mechanics, you might find that they are 'self employed' too! I might give you a better idea on how you stand.