Question

What is employers' liability insurance, and is it compulsory?

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Answer

Employers' liability (EL) insurance covers an employer's legal liability for injury or illness suffered by employees arising out of their work — and in the UK it is compulsory by law for almost every business with employees.

The legal requirement. Under the Employers' Liability (Compulsory Insurance) Act 1969, an employer must hold EL cover with an authorised insurer. The minimum required by law is £5 million, although most policies are issued at £10 million as standard because insurers price it that way.

Penalties. Trading without it can attract a substantial fine per day uninsured, enforced by the Health and Safety Executive, and further penalties for failing to display or produce the certificate.

The certificate must be accessible to employees — historically displayed on a wall, now permitted electronically provided staff can access it readily. Old certificates should be retained for many years, because some conditions, notably asbestos-related disease, emerge decades after exposure and the claim goes back to the policy in force at the time.

Who counts as an employee — the point most often got wrong. It extends well beyond permanent staff, and typically includes casual and temporary workers, seasonal staff, people on work experience or placements, apprentices, volunteers in many circumstances, and labour-only subcontractors who work under your direction. Whether someone is described as self-employed is not decisive — the test is the substance of the relationship, and misjudging it is a common and expensive error.

The main exemption covers some family businesses where all employees are close relatives, and companies with a single employee who is also the sole shareholder owning a majority of the share capital. Check the current HSE position, as the exemptions are narrow and specific.

What it is not. EL is distinct from public liability, which covers injury or damage to third parties such as customers and passers-by, and which is not compulsory in most sectors but is frequently required contractually.

What it actually pays: compensation, legal costs and defence costs, which can be substantial even where a claim fails.

General information, not legal advice.

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