Employers Liability (EL) Insurance Training
31st August 2020
16:00 hrs (GMT)
This Employers Liability Insurance course is relevant to all registered businesses in the UK. Even if you have one single employee, it is a legal requirement that this cover be held.
If you own a restaurant, café or an estate agent, consultancy firm, or any of the building trades such as carpenters, bricklayers, painters etc, your full time or part-time employees, interns, subcontractors and even bonafide subcontractors , this cover is legally required. If you have a silent risk such as office employees, this cover will meet your legal requirement.
There is a significant increase in the courier trade and in particular these couriers have with contracts with Amazon, DPD and other companies. The employee injury exposure is greater given their long hours on the road, doing multiple drops for an entire day.
Given the present Covid 19 pandemic, a lot of employees are working from home and cover is still required to be held especially in respect of a safe system and area of work.
Finally, if you are a retired citizen who has worked for a company for over 15 years, it could be that some symptoms may develop affecting your present health, it may provide you with the opportunity to see if the incident giving rise occurred as a result of the work conditions at your previous employer. The Employers Liability Act even specifies the amount of minimum compensation for which each company must have liability insurance .
All CII examination students, industry employees, new industry joiners, HR and Compliance officers, all business owners as well as the general public.
There are 5 classes of Insurances which are a legal requirement in the UK. Employers Liability (EL) Insurance is one such Insurance. The Employers Liability Act 1969 & amended regulations 2008 states that all employers even if they only one employee, must provide cover for all employees in their employ.
We will look at the need for negligence to have arisen before a claim can be successful. We will further look at the definition and examples of Torts in UK Law.
Finally, what remedies are available? We will be examining the remedies available to an aggrieved person.
It is important for both the clients, companies and insurance company personnel to understand the policy terms and conditions including addition covers which can be applied to improve the cover offered.
Finally, what is the exact causes for which a claim can be brought? What if an incident develops in a claim 20 years, or 30 years or even 40 years after an alleged incident, is there any possibility for recovery?
Original Employers Liability Act 1969:
This act mandated that the EL Certificates were to be held for a minimum number of years and were to be displayed prominently at each of the insured’s premises, how has this position changed due to improvements in Information Technology?
Present position in the Amended Act:
The EL Certificate now need to be held on a company’s intranet system with all staff having access. There is no longer a legal requirement for the Certificates to be kept for a fixed number of years, but it is prudent to retain these.
Definition of an Employee:
All full-time employees, but what about individuals who do not fall in the category above? What is the position with subcontractors?
Legal Limit required by Law:
The Act sets out the limit of cover which must be offered by each EL Insurance Policy, what is this sum, could this be different for certain classes of Insurance for example, Terrorism?
Association of British Insurers market Limit:
The ABI offers the business community another limit. What is this limit? Is this limit contravening the existing EL law?
Extensions to the Policy:
We are aware that an insurance policy only covers a set of perils which are clearly stated in the policy document. We will discuss what other extensions can be added to improve the cover being offered.
There are circumstances in which insurers agree to waive their rights of subrogation. They do this through subrogation waiver clauses, which are common in commercial insurances. These clauses are usually designed to prevent the insurer from pursuing any subrogation rights. We will share with you how such clauses apply.
The situation with negligent employees:
Insurers took the decision not to pursue their recovery rights against negligent fellow workers, find out more above an actual case in the UK and what has the court as well as the insurance industry decided.
Employer must be negligent hence the victim must be able to prove Negligence, only the courts can determine same.
Mesothelioma Act, a recent development where all employees who suffer from the above will have access to compensation.
Funding for Latent Cases:
How is the Act funded, who in the UK pays for such?
- Estimated Annual wages
- Estimated Turnover
- Clerical Wages
- Manual Wages
- Overseas exposures (temporally / clerical)
- Labour Only Subcontractors
- Bonafide Subcontractors
- ERN number now required.
Risk Management Support:
- Health & Safety Policy
- KYC details required for all staff
- Self-Certification by new employees
- Documented on-going Training
- CPD tracker to be maintained.