Rank: Forum user 
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We have a couple of Maintenance staff who from time to time get instructed by their line manager to go and carry out work at Directors or Line Managers houses on the QT. I have been approached by Maintenance regarding where they stand if they have an accident whilst carrying out this work. I have explained to them that they are carrying out an instruction given to them by their Line Manager so in theory they are just doing what they have been instructed to do, so should get the benefit of the company's sick pay in the event that they are off work because of an accident.
However in the event of an EL claim would the insurance company pay out or would they have to claim directly from the Director or Line Manager? Is there any case law relating to such an event?
Thanks in advance
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Rank: Super forum user
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I would have thought that they would be covered by the company- as its in works time and they have been instructed to carry out the work.
Situations like this have made me think about HMRC- would that be classed as 'payment in kind'? (as they are getting something from the company) and is it subject to tax?? VAT springs to mind if the company is involved in the purchase of materials.
Andy
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Rank: Super forum user 
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Extract from hse 40:http://www.hse.gov.uk/pubns/hse40.pdf
Employers’ liability insurance will enable you to meet the cost of compensation for your employees’ injuries or illness whether they are caused on or off site.
However, any injuries and illness relating to motor accidents that occur while your employees are working for you may be covered separately by your motor insurance.
Your insurer cannot refuse to pay compensation purely because:
■ you have not provided reasonable protection for your employees against injury or disease;
■ you do not keep specified records or cannot provide the insurer withinformation from those records;
■ you have done something they told you not to do (for example, said it was your fault);
■ you have not done something they told you to do (for example, report the incident); or
■ you have not met any legal requirement connected with protection of your employees.
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Rank: Super forum user 
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You would probably be best to ask your insurer about this. Apart from their take on who would be liable for an EL claim, they would be very interested to know that this is going on. In fact if it is not covered by the policy then you may find out that any liability would fall on the company/managers as the insurer would not pay out.
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Rank: Super forum user 
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"instructed" and "on the qt" are surely mutually exclusive terms.
Those Directors and Line Managers will duck and cover if things go wrong - and their house insurance won't pay up either!
Your maintenance chaps are at risk.
HMRC are another matter of course......
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Rank: Forum user
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Thanks for the replies. The main issue is that the Maintenance guys are employed to carry out maintenance/repair work on our premises and not a Directors home or their Line Managers home. When they carry out the work on said homes its all hush hush and none of the other Directors/Dept Heads are aware of it.
I explained to the Maintenance guys that in the event of accident they would be covered by our insurance company as they were following an instruction from their Line Manager. However the Director or Line Manager would probably have some very uncomfortable questions to answer if an accident were to happen.
Thanks again
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Rank: Super forum user 
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As long as they are carrying at jobs that they are competnt or qualified to do i.e. electric, gas, then they would have nothing to worry about about if something went wrong. If they were not paid sick pay etc. then I think the director etc. would have to prove that the person broke in to carryout the repair if they denied sending them there.
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