Employee trustees

Employees appointed as trustees of their employer’s occupational pension scheme. Dismissal or redundancy is treated as unfair if prompted by the performance of their trustee duties. They do not have to be member-nominated employees to benefit from the protection under the Employment Rights Act 1996.

Employee/employer relationship

An employee works under a contract of service; an independent contractor works under a contract for services. However, the courts consider the actual relationship rather than rely upon what the parties call their arrangement. The relationship affects an individual’s employment rights, his entitlement to health and safety provision and also affects the employer’s vicarious liability for the individual’s torts. The courts use a variety of tests to determine the relationship: the control test; mutuality of obligation; integration test; and the financial risk test (employees do not take this risk). Regard is also paid to the contractual arrangements, methods of payment, etc. Insurers write their own definition of employee into liability policies.

Employee/passengers

Employers’ liability policies exclude indemnity in respect of any liability covered by compulsory Road Traffic Act insurance. Consequently an employer faced by a claim from an employee injured as a passenger, in circumstances in which compulsory motor insurance applies, will claim under his motor policy.

Employers’ Liability (Compulsory Insurance) Act 1969/Employers’ Liability (Compulsory Insurance) Regulations (1998)

Employers must maintain approved policies with authorised insurers. This is to cover liability for bodily injury or disease their employees may suffer in the course of their employment. Insurers must issue a Certificate of Insurance to employers who take out or renew policies. Employers must display the certificate, or a copy, at each place of business for the information of the employees, retain them for 40 years and present them for inspection by HSE. The insurance must be for at least £5 million for any one occurrence.

Employers’ liability insurance

Covers the insured’s legal liability for bodily injury or disease to employees if caused during the period of insurance. The policy also covers the insured’s own costs and pays for solicitors’ representation at inquests and courts of summary jurisdiction. Cover does not apply to injury or disease caused outside the UK except for UK-based employees. Policy extensions relate to principal’s clause, unsatisfied court judgements and, less frequently, retrospective cover. The normal limit of indemnity is £10 million for any one occurrence. See EMPLOYERS’ LIABILITY (COMPULSORY INSURANCE) ACT 1969.

Empty buildings clause

A clause added to a fire policy covering an unoccupied building. The insured must notify the insurer when the building becomes occupied and advise on how the building will be occupied. The insured is required to pay any extra premium that may be demanded.