2nd February 2006, 03:08 PM
Well yes, the simplest analogy might be a lorry driver emloyed by a haulage contractor - he/she obviously has an HGV licence (or whatever they're called these days). The difference is that the driver is not pary to a contract with another party: he/she is not contracted by Fox's Biscuits to move ten tons of choccy biccies from Yorkshire to Istanbul, the employer, Eddie Stoppit Ltd, is. ES Ltd employ staff suitably qualified for their stated duties.
If a government issues a licence to one party (say Carrie Bunliff) to carry out certain work, such as archaeological investigations, there is no contract, or connection, with his/her employer, the contractor doing the work (Wesford Archaeology) and legally responsible for everything else. If Wesford screw up or machine through the lot, the government can then presumably only go for ms Bunliff - penniless and un-sueable, a person of straw, albeit unable to work again. Wesford get off scot-free. (why are Scots free?)
I don't know, there may be no problem, perhaps I woorry too much having had 30 years of worrying about it! First rule of contract administration is know exactly who avery party is!
Please don't get me wrong, I am totally in favour of some kind of licence system, as we are obliged to do as you rightly say.
We owe the dead nothing but the truth.
If a government issues a licence to one party (say Carrie Bunliff) to carry out certain work, such as archaeological investigations, there is no contract, or connection, with his/her employer, the contractor doing the work (Wesford Archaeology) and legally responsible for everything else. If Wesford screw up or machine through the lot, the government can then presumably only go for ms Bunliff - penniless and un-sueable, a person of straw, albeit unable to work again. Wesford get off scot-free. (why are Scots free?)
I don't know, there may be no problem, perhaps I woorry too much having had 30 years of worrying about it! First rule of contract administration is know exactly who avery party is!
Please don't get me wrong, I am totally in favour of some kind of licence system, as we are obliged to do as you rightly say.
We owe the dead nothing but the truth.