Employer Liability Insurance

[Newchodge]

An organisation that employs someone, or which has 2 directors is required by law to hold employer's liability insurance. Does anyone know, offhand, what the penalty is for failing to have this insurance, if no claim would have been made? The scenaro I am thinking of is employing someone for a week, realising an employee is not really needed, so dismissing them and not employing anyone else.

 

[boxlot]

Employers' liability insurance

Your insurance must cover you for at least £5 million - check authorised insurers and how you can be fined

www.gov.uk

 

[Newchodge]

Employers' liability insurance

Your insurance must cover you for at least £5 million - check authorised insurers and how you can be fined

www.gov.uk

Let's assume the employer did not obtain insurance before the employee started, would they still have to get it to cover the week they were an employer, after they stopped being an employer?

 

[mdj101]

I dread to think what would happen if the employee was fatally wounded during that one week of employment.

The employer would probably be prosseucted for gross negligence manslaughter.

 

[DontAsk]

Can you get it retrospectively is the question? I can imagine it being a lot more expensive if so, to cover all sorts of scenarios.

I imagine it would be impossible once a claim is made.

 

[DontAsk]

I dread to think what would happen if the employee was fatally wounded during that one week of employment.

The employer would probably be prosseucted for gross negligence manslaughter.

Which no amount of insurance would mitigate. It only gives protection against financial claims, and maybe legal fees.

 

[mdj101]

Which no amount of insurance would mitigate. It only gives protection against financial claims, and maybe legal fees.

Yes I know, but it would add to their woes that they were not insured

 

[mdj101]

Can you get it retrospectively is the question? I can imagine it being a lot more expensive if so, to cover all sorts of scenarios.

I imagine it would be impossible once a claim is made.

You can add insurance whenever you like, but it can't be backdated. The cover will only start on the date the policy starts.

 

[mdj101]

Can you get it retrospectively is the question? I can imagine it being a lot more expensive if so, to cover all sorts of scenarios.

I imagine it would be impossible once a claim is made.

And no insurance company in the land is going to cover you for something that's already happened! That's not how insurance works.

 

[mdj101]

An organisation that employs someone, or which has 2 directors is required by law to hold employer's liability insurance. Does anyone know, offhand, what the penalty is for failing to have this insurance, if no claim would have been made? The scenaro I am thinking of is employing someone for a week, realising an employee is not really needed, so dismissing them and not employing anyone else.

The cost of policies is very reasonable unless you're in a nieche market. You could probably opt to pay monthly and then cancel the policy after the 1st month without penalty.

 

[WaveJumper]

Speak to @Frank the Insurance guy

 

[Frank the Insurance guy]

As advised above. You cannot "back date" Employers liability insurance.

For those interested, you can arrange retrospective cover for some insurances such as professional Indemnity or directors liability - these would cover past work or actions. Availablity is subject to the specific details.

 

[Newchodge]

The employer would probably be prosseucted for gross negligence manslaughter.

They could only be prosecited for gross negligence manslaughter if their gross negligence CAUSED the death. Not just because they weren't insured.

 

[Newchodge]

As advised above. You cannot "back date" Employers liability insurance.

For those interested, you can arrange retrospective cover for some insurances such as professional Indemnity or directors liability - these would cover past work or actions. Availablity is subject to the specific details.

Thanks Frank. The employer intended to get insurance, but had not done so before the end of the employment. There is no possibility of any kind of claim. They just wondered if there would be any benefit to getting it after the employment had ended, and it appears that it is not worth it. They have agreed they will put the insurance in place at the same time as they advertise the vacancy, nest time.

 

[mdj101]

They could only be prosecited for gross negligence manslaughter if their gross negligence CAUSED the death. Not just because they weren't insured.

As i see it not having isurance would be negligence!

 

[Newchodge]

As i see it not having isurance would be negligence!

Absolutely, but it would not cause death.

 

[FreddyG]

Does anyone know, offhand, what the penalty is for failing to have this insurance, if no claim would have been made?

Absolutely nothing, because nobody would know. There seems to be a sort of hysteria doing the rounds about insurance and it's a very specifically English thing!

"But what if I AM eaten alive by whelks on a Shrove Tuesday?"

"Marlene Dietrich insured her legs for one million pounds each - and mine are twice as thick and much hairier!"

They go for a day-trip to France and take out travel insurance.

We are on this planet once and once only. Make the most of it! You don't get a second go! Enjoy life today. Most of what goes on around us is just pure comedy! Trump? Starmer? Putin? It's all just a script written by Marty Feldman. He's not a real travel agent. There's nothing in the basket and there's no such thing as a one-legged Tarzan!

 

[DontAsk]

There is no possibility of any kind of claim.

You can't know that. A potential claim/liability might only become apparent after the employment has ceased.

Absolutely nothing, because nobody would know.

Unless there is a claim.

 

[mdj101]

You can't know that. A potential claim/liability might only become apparent after the employment has ceased.


Unless there is a claim.

An employee can make a claim YEARS after employment,

I worked in a nightclub for 17 years and damage to my hearing has only become aparent in the last couple of years. I am within my right to claim from the company.