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#1 Posted : 11 April 2003 13:30:00(UTC)
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Posted By Neil Pearson Like thousands of businesses, I operate as the sole director of a limited company, with my wife as company secretary. According to Tolley's H&S handbook, cover is not needed for an employee who is a spouse. If this is true, what about the director - surely I count as an employee? Does anyone know for sure?
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#2 Posted : 11 April 2003 16:26:00(UTC)
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Posted By Eric Burt You have got to ask yourself what you want the insurance cover for? Remember that the system for compensation is based upon proving negligence on the part of the employer (you), and as (presumably) neither you nor your wife would wish to do that, why would you need EL insurance? It would be different if you employed someone outside of the family or took on a Modern Apprentice (or similar). If there was just me and my wife in a business and MY wife sued ME, I would probably consider making some redundancies!!! Oh domestic bliss! Eric
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#3 Posted : 11 April 2003 16:49:00(UTC)
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Posted By Jay Joshi There is some information on the HSE website, but it does not prescribe criteria for various designations of employees. However, it has information regarding general criteria for consideration as an employee. "Employers' Liability (Compulsory Insurance) Act 1969 : a guide for employers" http://www.hse.gov.uk/pubns/hse40.pdf
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#4 Posted : 11 April 2003 21:07:00(UTC)
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Posted By Stuart Nagle Neil. Whilst i understande and agree with your stance, there may be some benefit in having insurance. I recall some years ago a similar set-up where one or other of the parties had an accident and was unable to work. the injured parties only way of compensation was to sue, which was covered by the insurance. Has they not had the insurance no financial benefit would have been forthcoming.
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#5 Posted : 15 April 2003 10:11:00(UTC)
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Posted By Neil Pearson Thanks for the responses everyone. Actually I don't really have a stance on this. I guess what I'm really wondering is: is it strictly speaking a requirement for me to have the insurance?
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#6 Posted : 15 April 2003 12:54:00(UTC)
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Posted By Jason Gould Im not sure but does vicarious liabilty show somewhere here. if you in the course of your employment injure another i.e memeber of public. who pays you or your insurance. Is there another insurance that covers this scenario.
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#7 Posted : 15 April 2003 13:10:00(UTC)
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Posted By Neil Pearson Hi Jason, As well as professional indemnity, we consultant types also have to have public liability insurance for that sort of scenario. Neil.
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#8 Posted : 17 April 2003 16:47:00(UTC)
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Posted By Geoff Burt Neil I've had the same information from several sources - Employers Liability insurance does apply to directors such as yourself. Having rung round I've received quotes of between £135 and £680 for combined public and employers liability. I'm happy to supply contact details of the broker with the lowest quote (it's a reputable insurance company) if you, or anybody else is interested. Just shows - I didn't know it was required either, but I'm legal now! Interestingly the broker also does PI so I'll see how he compares on price with that. Geoff
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