Employers Liability Insurance legal requirement & exemptions...

jmb1

Hi I am a sole trader with a business employing one person, my partner. We are unmarried but co-habiting. Does this count as a family member and thus exempt? Or because we are unmarried, not exempt? I found this link but co-habiting / living with partner isn't mentioned. My guess is that in the eyes of the law we're both single and thus not family?

tizerbelle

Not family.  

user1977

Have you consulted with your employee about what they would prefer you do? I can't see anybody else taking an interest.

MattMattMattUK

Why would you not want them to be insured? EL and public liability are both pretty cheap unless you work in particularly high risk sectors.

DullGreyGuy

user1977 said:

Have you consulted with your employee about what they would prefer you do? I can't see anybody else taking an interest.

EL is statutory insurance, you cannot poll your employees to decide if you buy it or not

user1977

DullGreyGuy said:

user1977 said:

Have you consulted with your employee about what they would prefer you do? I can't see anybody else taking an interest.

EL is statutory insurance, you cannot poll your employees to decide if you buy it or not

I realise that, but surely the only "victim" of the OP failing to have insurance is their employee? So, do they think their partner is going to dob them in to the authorities?

DullGreyGuy

user1977 said:

DullGreyGuy said:

user1977 said:

Have you consulted with your employee about what they would prefer you do? I can't see anybody else taking an interest.

EL is statutory insurance, you cannot poll your employees to decide if you buy it or not

I realise that, but surely the only "victim" of the OP failing to have insurance is their employee? So, do they think their partner is going to dob them in to the authorities?

Yes, but unintentionally (or not)

We dont know the trade of the OP but let's say the OP's partner gets injured at work. The NHS asks questions and so attempts to reclaim their costs from the EL insurer and finds out there is no EL in place.

Secondly, partners dont always remain so... easy route for causing the OP issues if they have blatantly breached the law

Bradden

DullGreyGuy said:

. The NHS asks questions and so attempts to reclaim their costs from the EL insurer and finds out there is no EL in place.

I've never heard of the NHS claiming costs back from a company?

SiliconChip

Bradden said:

DullGreyGuy said:

. The NHS asks questions and so attempts to reclaim their costs from the EL insurer and finds out there is no EL in place.

I've never heard of the NHS claiming costs back from a company?

https://www.gov.uk/government/publications/nhs-injury-cost-recovery-scheme

£171 million recovered in 2022/3.

jmb1

user1977 said:

Have you consulted with your employee about what they would prefer you do? I can't see anybody else taking an interest.

My partner simply packs orders that we sell into envelopes. It isn't likely there would be a work related accident doing this, and she isn't bothered, but I don't want to be legally liable and get fined for not having it, thus wondering if she is exempt or not. It equates to £50 annually so not a huge amount but times are tough so if I didn't need to pay it, clearly I wouldn't.

DullGreyGuy

Bradden said:

DullGreyGuy said:

. The NHS asks questions and so attempts to reclaim their costs from the EL insurer and finds out there is no EL in place.

I've never heard of the NHS claiming costs back from a company?

You many not have heard of it but as a former Motor Claims Technician it was fairly common bill to have to pay... just compared to the US the costs are tiny... ICU in the US would be circa $5k per day plus doctor and medicine costs whereas the NHS charges under £1,000 all in.

If you haven't worked in insurance dealing with liability claims then its probably not too surprising you haven't heard of it, they dont tend to make a song and a dance about it plus probably attempt to recover far less than they could... primary care/GP costs for example aren't recovered.