Issue with previous employer

Pinkkitten22

Hi everyone new here

I'm hoping for some advice. My previous job was managing a small care home and one of my duties was to arrange indemnity insurance for the clinical staff. I left that job about 8 months ago and the new manager has contacted me to say there's been a claim against a member of staff who has also now left but there's no record of any indemnity insurance for them. Is there any action the previous employer can take against me if the claim against the home is successful?

Thank you

74jax

Is she maybe just wanting to ask you if you would have filled it somewhere? Or if you remember doing it?

Pinkkitten22

At the moment yes that's all I've been asked. I'm just a bit concerned if they can in theory take action against me - I realise this is speculative but I'm a bit worried!

amersall

If you did take the insurance out, you should have nothing to worry about.

Ivrytwr3

So did you do your job and arrange the insurance and can therefore direct your previous employer where to find the relevant paperwork or are you saying you didn't do it and are looking to see if you are culpable?

Pinkkitten22

I'm saying it looks like I didn't - I can't remember as it was several years ago but if there's no record I'm assuming I didn't

TELLIT01

Pinkkitten22 wrote: »

I'm saying it looks like I didn't - I can't remember as it was several years ago but if there's no record I'm assuming I didn't

There is a big difference between there being no record available and something not being done. Paper based records can be misfiled, and even computer records can get corrupted. If the same company was always used for the insurance it will probably be better for your previous employer to contact them to check.
I certainly wouldn't advise you to suggest to your previous employer that you didn't arrange the insurance.

Pinkkitten22

The insurance company have no record of it being arranged either. I've told the new manager I can't remember either way which is true but it looking like I didn't for whatever reason.

If that is the case what action could they take?

Mersey_2

I'd imagine your old firm would have their own insurance cover (which may or may not cover such events as non-feasance rather than misfeasance).


Ultimately they could pursue yourself, yes - but it's unlikely.

agrinnall

They can take action against you, but the real question is whether that action would be successful. And I don't think we can really answer that - if it gets to that stage you'll need proper legal advice. If you have legal cover on your home insurance that may be your first avenue to explore.

Pinkkitten22

I do have legal cover. I've called the legal advice line my new employer offer but they don't know the answer - I guess this sort of action is fairly rare. I guess I will just wait and see if they do anything.