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WHAT IS AN ESTABLISHMENT?

 

Where a company or business organisation operates as one unit, it is probably an ‘establishment’.  

Alternatively, where a company or business organisation is structured in such a way that it operates as different units, an  ‘establishment’ could be any separate, identifiable part of the business (for example, division, subsidiary or associated company in a group, business stream, project group, etc).  A separate identifiable establishment could mean a part of the business that is geographically separate from other premises or has a separate management structure, or produces separate profit and loss accounts, etc.

It should be noted that:-


  • Employers are for the most part Limited companies, but could be partnerships, sole traders or other entities.
  • An employer can operate one or more separate establishments.
  • Often the entire organisation of an employer (as opposed to parts) constitutes an establishment. In such cases, the employer and the establishment are one and the same.  

 

In determining these matters, the ECITB will have regard to the organisational structure of the employer under consideration.  

If the establishment is wholly or mainly engaged in principal and related engineering construction activities, it is a ‘leviable establishment’.

The ECITB maintains a Register of Leviable Establishments. This identifies employers which operate leviable establishments, and the establishments themselves.

 

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