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A question of insurance - part 4 of 1 2 3 4 5 6

Published 01/11/2008

Employers' Liability

Employers' liability insurance (EL) is the most misunderstood cover that is available for the photographer today, so confusing are the rules and regulations that surround it even the Government is not sure! However, don't let that put you off, as the Health and Safety Executive (HSE) would be quick enough to prosecute you if they thought you should have it and you didn't, and there was an accident with someone who was assisting you.

If you don't have EL cover, and you should have, then you could be taken to court and prosecuted - the maximum penalty being 14 years in jail and an unlimited fine although this would usually be as a result of an accident to someone who was assisting you. However, you could face a large fine and be disqualified from running a company just for having incorrect insurance. For that extra premium it really isn't worth it.

Firstly, if you are a husband and wife team, or your sons/daughters assist then you generally do not need EL cover. If you're in doubt, then usually a good way round it is to insure them jointly with you - that way all the cover applies to them as well as you. The exception to this is if you are a limited company with two or more working directors then you MUST by law have this cover even if you are a husband and wife team under the Employers' Liability (Compulsory Insurance) Act 1969. There is an exception to this legal requirement which is a limited company with only ONE working person who is a director and owns 50% or more of the issued share capital, ie there are no other persons whatsoever doing any work in the company.

It is also usual for employers' liability to be required if you have work experience students or volunteers assisting you even if there is no payment.

Don't be fooled - you may only have a 'friend' assisting you who is not getting any payment but if something happens to them, even if they don't try and sue you, the HSE may take up the matter or indeed the police may decide to prosecute for negligence. Remember, EL is dealt with under criminal law - the same as murder, assault and arson!

The easy way to define the differences between EL and public liability (PL) would be to use the example of a wedding. If you gather the bride, groom and all the family together and ask them to step back and one of them falls off a ledge and injures themselves, that would be a claim under public liability. If the same thing happened with a student that you were training or an assistant, the cover would be under EL.

Check the website to help you decide if you need this cover: www.swpp.co.uk/insurance.htm

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