Whether you’re fitting out a retail unit, managing a school renovation, or overseeing a residential extension, site possession is fundamental to getting the job done safely and efficiently. Yet, many contractors—painters, carpenters, site supervisors, and groundworkers—find themselves facing unexpected interference from employers. This might include restricted access, unauthorised people entering the site, or even attempts to monitor or intimidate the workforce.
It’s not unusual to feel unsettled when your working environment is disrupted. You might worry about liability, insurance, or whether you should continue with the project at all. These situations are more common than you’d think, and the law provides practical steps to protect your rights and your team.
Typical scenarios contractors face:
The employer insists you can only access certain areas at specific times, making it impossible to maintain progress.
Family members or other unauthorised individuals are present on site, handling documents or equipment without your consent.
The employer films your team at work, then uses the footage to question your diligence or share it online.
If you’re a site manager or tradesperson, these actions can compromise safety, insurance cover, and your ability to fulfil the contract. Most standard construction contracts grant contractors exclusive possession of the site for the duration of the works, and employers are expected to respect this.
Practical steps for site teams and contractors:
Keep a site access register: record who enters and leaves, and note any unusual activity or restrictions.
Document incidents factually—date, time, names, and impact on progress or safety.
Back up photos, emails, and WhatsApp chats to a secure location, noting who took each image and why.
Issue a formal notice (email and recorded letter) if interference occurs, reserving your rights and clarifying that unauthorised persons are not covered by your insurance.
If you’re instructed to halt works or your access is restricted, you may have grounds to suspend work under your contract or section 112 of HGCRA. Always document the instructions and your response, and seek clarification in writing.
Common pitfalls to avoid:
Not keeping a clear record of site access or incidents.
Failing to notify the employer formally about interference.
Allowing unauthorised persons to remain on site without documenting the risks.
If you’re unsure how to proceed, remember: you have a duty to protect your team and your business. Employers must act reasonably, and you’re entitled to insist on safe, exclusive access to the site. Take each incident seriously, keep your records up to date, and escalate if necessary—mediation, adjudication, or even injunctive relief may be options in rare cases.
Helpful resources:
Construction contract user guides.
HGCRA 1996 section 112 (suspension rights).
Template site possession incident log.
No matter your trade or project type, maintaining clear records and responding promptly to interference is your best defence. Protect your rights, your team, and your reputation by insisting on proper site possession and documenting every incident.
Disclaimer: This article is general information. It is not legal, financial or tax advice.
