Legal & Lawsuits Verified Answer 6 min read • Updated October 2026

Do subcontractors need their own insurance in the UK?

Quick Answer / Executive Summary

It depends on the kind of subcontractor. A bona fide subcontractor works independently with their own tools and materials, and should carry their own public liability, usually at a limit no lower than yours. A labour-only subcontractor works under your direction using your tools and is generally treated as your employee for insurance purposes, so your employers' liability and public liability cover them. Get the classification wrong and you may be uninsured. See what insurance does a sole trader need.

Key Takeaways at a Glance
  • Bona fide subcontractors (BFSC) supply their own tools, control their own work and carry their own public liability.
  • Labour-only subcontractors (LOSC) work under your supervision with your kit. You need employers' liability for them.
  • Ask every BFSC for a public liability certificate with a limit at least equal to yours, covering the work you've contracted.
  • CIS registration is a tax scheme, not insurance. Being CIS-registered doesn't mean someone is insured.
  • Mislabelling a labour-only worker as bona fide is one of the most common EL gaps in the trades.

Labour-Only vs Bona Fide: The Test

Labour-only: you set their hours, location and tasks, they use your tools and materials, and they work as part of your team. For insurance purposes they're treated like employees, so you need employers' liability insurance, even for a single project.

Bona fide: they're hired for a specialist task, work without your direction, and bring their own tools and materials. They should hold their own public liability.
The Label Doesn't Decide It

Calling someone "self-employed" or paying them through CIS doesn't make them bona fide. Insurers and courts look at control, tools and how integrated they are in your work.

What to Collect From Every Subcontractor

For bona fide subcontractors, collect a current public liability certificate covering their trade and the work you've given them, at a limit no lower than yours. If they have their own staff, also ask for their EL certificate. Some main contractors also ask for professional indemnity where design is involved.

For labour-only workers, confirm your own EL and PL policies cover them, and check that your declared wage roll or labour costs include them, because insurers often rate premiums on that figure.

Tools, Vehicles and Tax

If a labour-only worker uses your tools, those tools need to be insured on your policy; see tool insurance for tradespeople. If they drive your van, check named-driver and class-of-use rules in business car insurance for sole traders. On larger sites, works in progress fall under contractors' all-risk cover. Subcontractor costs and your insurance premiums are allowable expenses; see is business insurance tax deductible for sole traders.
Real-Life Case Incident & Precedent
Precedent: Employers' Liability (Compulsory Insurance) Act 1969; employment-status tests (control, integration, provision of equipment)

Illustrative Case: The "Self-Employed" Labourer

Scenario: A sole-trader builder hires a labourer for a kitchen extension and pays him through CIS as self-employed. The labourer uses the builder's tools and works the builder's hours. He's injured when a stack of blocks collapses, and sues.

Resolution & Judicial Outcome: The builder holds public liability but no employers' liability, and his insurer treats the labourer as labour-only, which makes it an employee claim. The PL policy declines, and the builder is personally exposed. He buys combined PL/EL that declares labour-only workers.

What You Should Do: Step-by-Step Action Plan

1 Classify each subcontractor as labour-only or bona fide using control, tools and supervision.
2 Put labour-only workers under your EL and PL, and declare their cost to your insurer.
3 Collect public liability certificates from bona fide subcontractors before they start.
4 Check their limits match or exceed yours and that their trade description fits the job.
5 Diary renewal dates and re-request certificates when they expire.

Critical Mistakes to Avoid

  • Treating CIS registration as proof of insurance.
  • Calling a supervised labourer "self-employed" to avoid buying EL.
  • Accepting an expired or lower-limit certificate.
  • Not declaring subcontract labour costs to your insurer.

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