Question for the legal beagles.

[Darren A]

Our company recently decommissioned a factory in Birmingham. As part of this, we agreed with an individual (not an employee) that he would clear the factory, and we would not pay him for it, however he could keep any money he got from scrap metal etc. As part of this he hired a skip, which was stolen from our premises last week. Who is liable for the loss of the skip - him, as the contract was between him and the skip supplier, or us, as it was stolen from our premises?

Many thanks

Darren

[ratcliffe]

I would have thought that the simple answer would be that the skip company would have insurance as part of the hire cost to cover themselves in a case like this ?

[Rod]

Originally Posted by ratcliffe

I would have thought that the simple answer would be that the skip company would have insurance as part of the hire cost to cover themselves in a case like this ?

Beat me to it.

[endoman]

Can't be easy to nick a skip can it?

[yazzyfooty]

You sure that the skip company hasn't just come and collected it?

[snorkel]

Originally Posted by Darren A

Our company recently decommissioned a factory in Birmingham. As part of this, we agreed with an individual (not an employee) that he would clear the factory, and we would not pay him for it, however he could keep any money he got from scrap metal etc. As part of this he hired a skip, which was stolen from our premises last week. Who is liable for the loss of the skip - him, as the contract was between him and the skip supplier, or us, as it was stolen from our premises?

Many thanks

Darren

As he hired the skip and as he is not your employee, then the skip hire company's contract is with him. Therefore, he is liable for the loss.

[Madfish]

Originally Posted by Darren A

Our company recently decommissioned a factory in Birmingham. As part of this, we agreed with an individual (not an employee) that he would clear the factory, and we would not pay him for it, however he could keep any money he got from scrap metal etc. As part of this he hired a skip, which was stolen from our premises last week. Who is liable for the loss of the skip - him, as the contract was between him and the skip supplier, or us, as it was stolen from our premises?

Many thanks

Darren

Just playing devil's advocate here - as I understand it - if the guy is removing scrap, wiring & rubbish - does HE not have to have to be a licensed contractor to handle & dispose of the waste and is your company not obligated to to ask to see it?

Di

[Andy Bloss]

From a contract point of view, what everyone is saying above is correct. However, from a waste legislation point of view, the waste was your's and you were responsible for it, as by point of law you are the "waste producer" and you sadly have a "duty of care" for the waste that is generated by your Site.

So just be aware that should any waste be found that can be identified as yours, the Environment Agency/Local Authority may well come knocking on your door, as opposed to that of your employee.

The odds of this happening are not that great in reality though, so probably no need to worry too much.

Regards

Andy

[Adrian Kelland]

Originally Posted by Darren A

Our company recently decommissioned a factory in Birmingham. As part of this, we agreed with an individual (not an employee) that he would clear the factory, and we would not pay him for it, however he could keep any money he got from scrap metal etc. As part of this he hired a skip, which was stolen from our premises last week. Who is liable for the loss of the skip - him, as the contract was between him and the skip supplier, or us, as it was stolen from our premises?

Many thanks

Darren

Darren,

It sounds like your company might be on dodgy ground re waste disposal. I could have it wrong, but it sounds as though they are trying to clear the factory on the cheap and thus may not be using licenced waste contractors. This kind of thing is getting complicated by requirements to separate re-cyclable materials from landfill, that kind of thing.

BBC NEWS | Business | Waste rules catch firms unaware

Edit; looks like I'm not the only one to wonder.

Adrian

[abucksdiver]

THere was a case in my local paper the other day, where a pub was being re-fitted. They (the landlords) paid somebody to remove the rubbish... and whoever tehy paid, flytipped it.

The landlords have just had to pay a £7000 (I think, can't quite remember) fine, as it was their rubbish. The person they paid to do the work got off scott-free....


Andrew