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29th March 2019

Employers' Liability Insurance — Is A Legal Requirement

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Why do I need employer's liability insurance?

You are Legally Required to have employer's liability insurance for at least £5,000,000·00, as an employer; and you are legally required to have third party motor insurance, if you use motor vehicles for your business.

Employers' liability insurance isn't the only type of insurance to consider as there are other types of insurance that can make your business stronger, safer and more efficient. Your insurers will help you identify the areas of risk your business faces. They can help you incept systems to control those risks and stop them from becoming serious setbacks for your company. Insurance can provide financial aid to help you continue doing business, through replacement, repair or reinstatement, when problems do arise.

Who needs employers' liability insurance?

You’ll need employers' liability insurance if:

  • You deduct at source National Insurance contributions and Income Tax from the money you pay your employees.
  • You provide most of the equipment and materials.
  • You control when, where, and how your employees can work.
  • You have the right to claim any profit made by your employees.
  • You need them to perform the job you employ them for, and if the employee is unable to work they can’t find a substitute.
  • You have part-time or temporary staff.

What happens if I do not have employers’ liability insurance?

The Health and Safety Executive (HSE) enforces the law on employer's liability insurance and HSE inspectors can check that you have employers’ liability insurance with an approved insurer for at least £5 million. They may ask to see your certificate of insurance and other insurance details.

You can be fined up to £2500 for any day which you are without suitable insurance. If you do not display the certificate of insurance or refuse to make it available to HSE inspectors when they ask, you can be fined up to £1000.

For information visit the government website .

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