Do subcontractors need their own insurance in the UK?
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.
- 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
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.
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 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
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
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.