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Employers’ Liability Insurance

compulsory for almost every UK employer, and the paperwork that proves you have it

Compulsory cover for injury and illness suffered by the people who work for you, set at a legal minimum of £5 million and proved by a certificate that has to be where your employees can read it.

  • Compulsory for almost every UK employer
  • Who your policy counts as an employee
  • The certificate rule that changed in 2008
  • FCA authorised and regulated

Quick answerEmployers’ liability insurance is compulsory for almost every UK business with staff. Very little business cover is, which is what makes it different. The law sets a floor of £5 million and a fine of up to £2,500 for each day you go without it. The Act defines an employee narrowly, around a contract of service. The wording we read for this page reaches further, so the two documents do not describe the same list of people. Tell MyMoneyComparison.com about the business once, and specialist UK brokers can come back with quotes.

This page is about the obligation, not about buying liability cover as a package. Employers’ liability is rarely sold on its own: it usually arrives inside a combined policy alongside public liability, property and business interruption. How much liability cover a business needs overall, and how the cover levels compare, sit on our commercial combined insurance page. How employers’ liability differs from public liability has its own side-by-side comparison. What this page covers is the part that is compulsory: who has to be insured and what the certificate has to do. The record of past insurers is not compulsory, and the section on late claims explains why it matters anyway.

The short version

Employers’ Liability Insurance at a Glance

Six things that decide how this cover behaves, before any of the detail.

Compulsory
For almost every UK business with staff, under the 1969 Act
At least £5 million
The statutory minimum. Most insurers write £10 million
Up to £2,500 a day
The fine for each day without suitable insurance
Plus the certificate
Up to £1,000 for failing to display or produce it
Rated on wage roll
Declared earnings split by the work people actually do
Long-tail cover
Claims can arrive decades after the exposure that caused them

The basics

What Is Employers’ Liability Insurance?

Cover for compensation and legal costs when someone who works for you is injured or made ill by that work and your business is liable. The Employers’ Liability (Compulsory Insurance) Act 1969 requires almost every UK employer to hold it, for at least £5 million, from an authorised insurer.

UK law compels very few insurances. Third party motor cover is one, for a vehicle used on a road or other public place. Professional indemnity is another, for some regulated professions. Employers’ liability is the one that reaches almost every business with staff, and it is enforced by an inspector rather than by a customer’s contract.

The duty starts with the first employee

Not with the first payroll run, the first accident or the first contract that asks for it. Cover must be in force from the moment you become an employer.

The penalty runs daily

Up to £2,500 for each day the business is without suitable cover, which is what turns a renewal that quietly lapsed into a number that grows while nobody is looking.

The certificate is a second duty

Failing to display it, or refusing to produce it for an inspector, carries its own fine of up to £1,000. It is easy to satisfy the first obligation and overlook this one.

The minimum is expressed carefully: £5 million in respect of claims relating to one or more employees arising out of any one occurrence, together with the costs and expenses of those claims. One occurrence can injure several people, and the limit does not multiply when it does.

How it works

How Does Employers’ Liability Insurance Work?

You declare your wage roll and what your people do, the insurer prices the risk from that, and a certificate proves the cover is in force. The unusual part comes later: a claim is answered by the policy that was running when the exposure happened, not the one you hold now.

  1. You declare the wage roll and the work

    Estimated annual earnings split by category of work, plus what your people physically do. Employers’ liability is rated on exposure, so office administration and site work inside one company are two different things to an underwriter.

  2. The certificate goes where employees can read it

    A copy must be available to your staff and producible for an inspector. Since 1 October 2008 in Great Britain, and 1 April 2009 in Northern Ireland, it may be displayed electronically provided employees know where to find it and can reasonably get to it.

  3. A claim is met by the policy that was on risk

    For an accident that is straightforward. For a condition caused by dust, noise or chemical exposure it is not, because the claim can arrive decades later and is answered by whoever insured you at the time rather than by your current insurer.

  4. Which is why an industry database exists

    The Employers’ Liability Tracing Office was set up in 2011 to solve exactly that. It holds over forty million records spanning more than a century and is free to search, so an old policy can be found when a late claim is made.

What you are buying

What Does Employers’ Liability Insurance Cover?

Injury and illness suffered by the people who work for you, where your business is legally liable, together with the legal costs of dealing with the claim. It covers the people, not the premises, the public or the work itself.

What an employers’ liability section answers for
WhatWhere it standsWhat to know
Compensation to an injured employeeThe core of the policyDamages a court awards, or a settlement agreed, where the business is legally liable
Work-related illness and diseaseIncluded, and the long tailConditions from dust, noise, chemicals or repetitive work, often claimed years afterwards
Legal costs of defending the claimUsually includedWhether they sit inside the limit or on top of it differs between wordings. Check yours
Claimant costs you are ordered to payUsually includedA significant part of the bill on a long-running disease claim
Accidents to labour-only subcontractorsOn the wording read herePeople you direct and equip are treated as yours, and belong in the wage roll you declare
Work experience and supplied staffOn the wording read hereThe definition reaches schemes, people supplied to you, hired in or borrowed

The limit is a floor, not an answer. £5 million is what the law requires. Both HSE and the Northern Ireland business guidance note that insurers commonly provide at least £10 million, and main contractors, local authorities and large customers routinely specify their own figure in contract conditions. A schedule showing the bare minimum is worth a question. Where a contract sets the number, contractors all risks and professional indemnity limits are usually in the same clause, so check all three together.

The boundaries

What Isn’t Covered by Employers’ Liability Insurance?

Anyone who is not your employee, anything that is not injury or illness, and the consequences the law will not let you insure. Most of what businesses assume is missing is actually on a different policy rather than nowhere.

Injury to the public

A customer, a visitor or a passer-by is not an employee. That is public liability, which is not compulsory although customers and contracts frequently require it.

Damage to property

Your premises, your stock and your equipment belong to property cover, and damage you do to somebody else’s property belongs to public liability. Neither is here.

Professional mistakes

Advice, design or a specification that turns out to be wrong is professional indemnity, even where the consequence is an injury on site.

A bona fide subcontractor’s own liability

A firm that brings its own people, materials and policy is not on your employers’ liability. The exposure only returns to you if their cover fails to answer.

Fines and penalties

The daily penalty for being uninsured, and the certificate fine, are punishments for breaking the law. Nothing insures them, which is the point of them.

Anyone you did not declare

Less an exclusion than a consequence. Wage roll is the rating base, so what you left out of the declaration is what the insurer never priced.

Two lists, and only one of them is the law

Who Can Be Covered, and Who Must Be

The Act tells you the minimum you must insure. Your policy tells you who is actually covered, and the second list is the longer one.

The statutory duty against one published UK employers’ liability definition
The personThe 1969 ActThe policy wordingWhy
Employee on a contract of serviceRequired by the ActInside the policyThe duty is written around a contract of service
ApprenticeRequired by the ActInside the policyNamed in the Act beside the contract of service
Work experience or a training schemeNot always separately neededInside the wording read hereThe wording read here names work experience or a similar scheme
Labour-only subcontractorOften caught, on the substanceInside the wording read hereYou direct the work and supply the kit, which is what the test looks at
Agency or supplied staff working under youUsually the agency’s dutyInside the wording read hereThe definition reaches people supplied to you, hired in or borrowed
Self-employed person under your direct controlNot always caught by the ActInside the wording read hereThe wording reaches a self-employed person under your direct control
Bona fide subcontractor with their own policyNot required of youOutside, until their cover failsIndependent, own tools, own insurance. The exposure returns if it fails

The test that decides it is who directs the work, whose equipment is used, and whether the person could send a substitute. It is a question of substance rather than of what the paperwork calls the arrangement, so a contract headed "subcontract" does not settle it. The same distinction decides other sections on our construction company insurance page.

Who it is for

Who Needs Employers’ Liability Insurance?

Almost every UK business that employs anyone. The exemptions are narrower than most directors assume, and the law that applies depends on where your people are based.

Who is exempt is a short list. Most public bodies, including government departments, local authorities and NHS trusts. A business that is not a limited company where every employee is a close family member. And a limited company with a single employee who also holds half or more of the share capital, which is the one-person exemption most directors rely on without checking the shareholding test. Take on one person outside those descriptions and the duty starts that day.

Great Britain

The 1969 Act

If any of your employees are normally based in England, Scotland or Wales, including offshore installations and associated structures, the 1969 Act applies and the Health and Safety Executive enforces it.

Northern Ireland

A different statute

Northern Ireland has its own compulsory employers’ liability regime, enforced by the Health and Safety Executive for Northern Ireland rather than by HSE. The practical requirements land in the same place: at least £5 million, up to £2,500 for each day without appropriate insurance, up to £1,000 for certificate failures, and the same shape of exemption.

Worth saying because the guidance keeps leaving it out. A great deal of UK material states the requirement as applying to "England, Scotland and Wales" and stops there. That is accurate about the 1969 Act and useless to an employer in Belfast, who reads it as though the duty does not reach them. If you operate on both sides of the Irish Sea, the question is whether the policy answers in both jurisdictions.

The comparison people arrive wanting

Employers’ Liability vs Public Liability

They cover different people. Employers’ liability answers for your staff and is compulsory. Public liability answers for everyone else and is not, although customers and contracts frequently require it.

The two liability covers, side by side
Employers’ liabilityPublic liability
Who it protectsThe people who work for youMembers of the public and their property
Is it compulsory?Yes, for almost every UK employerNo, although contracts often demand it
Minimum cover£5 million by lawNo legal minimum. Contracts set the figure
Limit in practiceHSE notes most insurers offer at least £10 millionWhatever the contract in front of you asks for
Enforced byHSE, or HSENI in Northern IrelandNobody. It is a commercial requirement
When claims arriveSometimes decades laterUsually close to the incident

A business with both staff and visitors is exposed to both, and the two are commonly bought together inside a package. There is a fuller side-by-side on our employers versus public liability guide, and comparing public liability cover deals with that side on its own.

What moves the number

What Affects Employers’ Liability Costs?

Wage roll split by category of work is the main rating base, and what your people physically do is the main rating factor. We do not print average premiums, because a scaffolding firm and an accountancy practice with identical payrolls are not remotely the same risk.

Why wage roll rather than headcount

Earnings are a better proxy for exposure than a headcount. Ten people on a site and ten in an office are the same number and nothing like the same risk, and the split by category is what carries that difference into the rating.

What that means in practice

The split matters as much as the total. Putting everything into the highest-rated category because it is simpler costs money every year.

What the submission is rated on

In roughly this order

  • Wage roll by categoryDeclared earnings, split by the work doneBase
  • What the work involvesHeight, heat, plant, lone workingRate
  • Claims and notificationsThree to five years, disease includedRate
  • How people are engagedEmployees, agency, labour-only, bona fideRate
  • Evidence of risk controlAssessments, training, reportingAdjust
A scaffolding firm and an accountancy practice with identical payrolls are not the same risk

What the work actually involves

Work at height, hot work, confined spaces, heavy plant and lone working all move the rate, as does the difference between supervising a site and being on it.

How your people are engaged

Employees, apprentices, agency and supplied staff, labour-only and bona fide subcontractors. The engagement type matters as much as the headcount, because it decides whose policy answers.

Claims and notifications

Three to five years of experience, insurer by insurer. Disease notifications count even where nothing was paid, because a notification is what an underwriter is pricing.

A rule that was repealed and is still being printed

The Certificate, and What Changed in 2008

Two things changed in Great Britain on 1 October 2008, with Northern Ireland following on 1 April 2009. Electronic display of the certificate became permitted, and the requirement to keep out-of-date certificates for forty years was revoked. HSE is explicit that there is no longer any legal requirement to keep copies of expired certificates.

  1. The forty-year retention rule is gone

    It is still quoted as current law across a great many UK insurance pages, and it is not. The duty to retain expired certificates for forty years was removed. If you have been told you are in breach for not holding a file going back to the 1980s, you are not.

  2. Keep them anyway, for a better reason

    HSE strongly advises employers to keep as complete a record of their employers’ liability insurance as possible, because diseases caused by work can appear decades after the exposure. That is a reason grounded in how claims arrive rather than in a regulation. It matters on an acquisition too: buying a company means inheriting its employment history.

  3. The certificate can live on a screen

    It may be displayed electronically rather than pinned to a wall. The condition is practical rather than technical: employees have to know how and where to find it, and have reasonable access to it. An intranet nobody has been told about does not satisfy it.

  4. The current certificate is still a live duty

    None of this touches the certificate for the policy in force, which must be available to employees and producible for an inspector. The fine is up to £1,000, and the usual failure is simply that this year’s copy never replaced last year’s on the wall.

Before you start ringing round

What Do You Need for an Employers’ Liability Quote?

Five things decide the quote: what the business does, wage roll split by type of work, headcount and how people are engaged, the claims history, and your PAYE reference.

What the business actually does

The trade or sector, and the work your people physically carry out. Vagueness here produces a quote that changes after you have accepted it.

Wage roll, split by category

Estimated annual earnings for the coming year, by category of work, with labour-only subcontractor payments included.

Headcount and engagement type

Employees, apprentices, agency and supplied staff, labour-only and bona fide subcontractors, and anyone on work experience.

Claims experience

Three to five years, insurer by insurer, showing paid and outstanding amounts. Include disease notifications even where nothing was paid.

Your Employer Reference Number

The PAYE reference HMRC issues when you register as an employer, for every scheme the business runs. It is carried on the tracing database so an old policy can be found decades later. Some employers legitimately have none: every employee paid below the Lower Earnings Limit, none holding another job and none receiving a pension or other employee benefits, or a company registered in the Isle of Man or Channel Islands.

Anything unusual about the work

Work at height, hot work, confined spaces, heavy plant, night shifts, lone working, or work done outside the United Kingdom.

One detail on the reference number, because it moved recently. The duty to keep the employers’ liability register sits on insurers, not on brokers. After a change to the FCA’s insurance conduct rules in December 2023, obtaining the reference became the tracing office’s job rather than the insurer’s. It is still asked for on proposals, because supplying it is quicker than having it chased.

Comparing properly

How to Compare Employers’ Liability Cover

Four documents decide whether a policy does its job: the wording’s definition of employee, the schedule, the certificate, and your own record of who insured you in previous years. None of them is a price.

In the wording

  • How it defines an employee, word for word
  • Whether labour-only subcontractors are named in it
  • Whether work experience, agency and borrowed staff are inside

On the schedule

  • Whether the limit is the statutory minimum or the market standard
  • Whether defence costs sit inside the limit or on top
  • Whether any contract you have signed demands more

On the certificate

  • That the one on display is the policy currently in force
  • That employees know where to find it if it is electronic
  • That the insurer named on it is FCA authorised

In your own operation

  • That declared wage roll includes labour-only payments
  • Whether anyone works abroad, even temporarily
  • Which insurer covered which years, as far back as you can go

The two that catch businesses out are both about people rather than money. A definition of employee narrower than the way the business actually staffs itself, and a wage roll declaration that leaves out labour-only payments. Neither shows up on a price comparison. If the language is new, our plain English jargon guide covers the standard terms.

Without cutting the cover

How Can You Reduce Employers’ Liability Costs?

Employers’ liability is priced on exposure and experience, so the levers are accuracy and evidence rather than shopping. We publish no savings figures: a percentage taken from somebody else’s book would mislead almost everyone reading it.

Declare the wage roll accurately

Both directions. Understating it gets a premium adjusted at audit; overstating it means paying for exposure the business does not have.

Evidence the risk management

Written risk assessments, training records, method statements, accident reporting and health surveillance where the work needs it. Underwriters discount what you can show.

Report incidents early

Prompt reporting lets the insurer manage a claim while the facts are available. Late notifications cost more and sit on the record longer.

Buy it inside a package

It is commonly written alongside public liability and property in a commercial combined policy: one renewal date and one set of paperwork rather than three.

Get the engagement types right

Labour-only and bona fide subcontractors are rated differently. The split in writing on the submission stops the insurer assuming the more expensive one.

Keep the record of past insurers

It will not reduce this year’s premium. It does stop a late disease claim becoming an argument about who was on risk.

Jargon buster

Employers’ Liability Jargon, Explained

The terms that come up most when you read an employers’ liability schedule.

Wage roll
The total your business pays in wages, salaries and payments to labour-only subcontractors over the year, split by category of work. It is the figure employers’ liability is priced from.
Contract of service
The employment relationship the 1969 Act is written around, as opposed to a contract for services.
Labour-only subcontractor
Hired hands you direct and supply. Rated as though they were payroll, and declared in your wage roll.
Bona fide subcontractor
A trading firm bringing its own people, materials and policy. Not on your wage roll.
Any one occurrence
The basis the statutory minimum is expressed on. One event can injure several people without the limit multiplying.
Limit of indemnity
The most the insurer will pay. Whether defence costs sit inside it or on top is a question for your wording.
Employer Reference Number
Your PAYE reference from HMRC. It is carried on the tracing database so an old policy can be found.
ELTO
The Employers’ Liability Tracing Office, the industry database used to find an old policy when a late claim is made.
Long-tail claim
A claim brought long after the work that caused it, answered by the policy in force at the time of exposure.
Certificate of insurance
The document proving cover is in force. It must be available to employees and producible for an inspector.

Why MyMoneyComparison.com

Where MyMoneyComparison.com Fits

MyMoneyComparison.com is an FCA-authorised UK comparison service that introduces employers to specialist commercial brokers. We do not sell insurance and we do not give advice: the broker you choose arranges the policy. Using us is free.

1

One form, whole business

Describe the business, the wage roll and how your people are engaged once, instead of repeating yourself to each broker.

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Advice given

We are an introducer, not a broker. We do not sell policies and we do not recommend one insurer or product over another. Read our editorial policy.

FCA

Authorised and regulated

MyMoneyComparison.com Ltd appears on the FCA register under FRN 916241.

2013

Incorporated

A UK company since 2013. FCA authorisation is separate and later; the register carries its date.

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FAQs

Employers’ Liability Insurance FAQs

Answers on the duty, the certificate, subcontractors, the limit and the tracing database.

Is employers’ liability insurance compulsory in the UK?

For almost every business with staff, yes. Very little business insurance is compulsory: third party motor cover for a vehicle used on a road or other public place, and professional indemnity in some regulated professions. The Employers’ Liability (Compulsory Insurance) Act 1969 requires cover of at least £5 million from an authorised insurer for employees normally based in England, Scotland or Wales. Northern Ireland has its own equivalent law enforced by HSENI.

What is the fine for not having employers’ liability insurance?

Up to £2,500 for any day on which the business is without suitable insurance. It is charged per day rather than once, which is what turns a renewal that quietly lapsed into a serious number. A separate fine of up to £1,000 applies to failures involving the certificate.

How much employers’ liability cover do I need?

The legal minimum is £5 million. In practice most UK insurers write at least £10 million as standard, and contracts with main contractors, local authorities or large customers often specify a figure of their own. A schedule showing the bare minimum is worth a question, because it is the floor rather than the market norm.

Who counts as an employee for employers’ liability?

The Act is written around a contract of service or apprenticeship. The UK wording read for this page is wider, reaching people on work experience schemes, people supplied to you, hired in or borrowed, and self-employed people working under your direct control. Read your own definition rather than assuming.

Do I need employers’ liability for subcontractors?

It depends which kind. A labour-only subcontractor works under your direction, sits on your policy and belongs in your wage roll declaration. A bona fide subcontractor runs their own business and carries their own cover, so they should not be on yours, but collect their certificate: if their policy does not answer, the exposure can come back to you.

Do I need it if I am the only director and employee?

Usually not. A limited company with a single employee who also holds half or more of the share capital is exempt, as are businesses that are not limited companies where every employee is a close family member. Check the shareholding rather than assuming, and remember the exemption ends the day you take somebody on.

Do I need employers’ liability for volunteers or work experience?

Often you do not need anything extra. HSE says that in some cases no additional employers’ liability insurance is needed for volunteers, unpaid students, people on training programmes or school work experience, and that an existing policy will cover work placements where the insurer belongs to the Association of British Insurers or Lloyd’s. Check your own wording, and ask if the arrangement is unusual.

Do I have to keep old employers’ liability certificates for forty years?

No, and this is widely misreported. HSE states that since 1 October 2008 there has been no legal requirement for employers to keep copies of out-of-date certificates. HSE does strongly advise keeping as complete a record as possible, because work-related diseases can appear decades after the exposure that caused them.

Can I display the certificate electronically?

Yes. In Great Britain that has been allowed since 1 October 2008, and in Northern Ireland since 1 April 2009 under its own amending regulations. The condition is practical rather than technical: employees have to know how and where to find it, and have reasonable access to it. A file on an intranet nobody has been told about does not meet it.

What happens if I cannot produce the certificate?

Failing to display the certificate, or refusing to make it available to an inspector who asks, carries a fine of up to £1,000. It is a separate obligation from holding the insurance itself, and it is easy to overlook: a common version is simply that the current certificate never replaced last year’s on the wall.

Why does my insurer want my PAYE reference?

Because it is how an old policy is found. Insurers have supplied employers’ liability policy data to the industry tracing database since 1 April 2011, and capturing the reference with it became mandatory from 1 April 2012. Company names and addresses change over the decades; the reference does not, so it is what makes a policy findable when a claim arrives years later.

What if my business does not have an Employer Reference Number?

Some employers legitimately have none, and it is a declaration rather than a problem. The recognised case is that every employee is paid below the current Lower Earnings Limit, none has another job, and none receives a state or occupational pension or other employee benefits. Companies registered in the Isle of Man or the Channel Islands have none either. Tell the broker so the exemption is recorded.

What is ELTO?

The Employers’ Liability Tracing Office, set up by the insurance industry in 2011. It is a searchable database of employers’ liability policies holding more than forty million records spanning over a century, and it is free to search. It exists so an old policy can be found when a late claim is made.

Why can a claim be made so many years after I employed someone?

Because employers’ liability is long-tail cover. Conditions caused by work, particularly those from dust, noise or chemical exposure, can take decades to appear. The claim is answered by the policy that was in force when the exposure happened rather than the one you hold now, which is why the record of past insurers matters.

What is the difference between employers’ and public liability insurance?

Employers’ liability covers injury and illness suffered by the people who work for you, and is compulsory. Public liability covers injury to members of the public and damage to their property, and is not compulsory, although customers and contracts frequently require it. A business with both staff and visitors is exposed to both, and the two are commonly bought together.

Does employers’ liability cover staff working abroad?

Not automatically, and it is worth checking before anyone travels. The wording read for this page covers work in the home territories, meaning Great Britain, Northern Ireland, the Isle of Man and the Channel Islands, and extends to temporary work abroad on condition that any action for compensation is brought in a court within those territories. Longer postings and locally engaged staff normally need cover arranged specifically.

Does the wage roll I declare affect the premium?

Directly, because wage roll split by category of work is the main rating base for employers’ liability. Leaving out labour-only subcontractor payments understates it, and that is found at audit or at the claim rather than at the quote. Declare the estimate properly and tell the insurer if the year turns out very differently.

Is employers’ liability sold on its own?

It can be, but it is commonly bought inside a package alongside public liability, property and business interruption. If that is how your business buys it, a commercial combined policy is what to compare rather than employers’ liability on its own.

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About this page

This page is about the compulsory part of business insurance: who has to be insured and what the certificate has to do, plus the record of past insurers that is no longer required by law and is worth keeping anyway. It is not a guide to buying liability cover as a package, which sits on our commercial combined insurance page, and it is not a comparison of employers’ against public liability, which has its own guide. It is general information rather than advice. Policies and definitions differ between insurers, so read your own documents and put the questions raised here to your insurer or broker.

How we approached this page

  • The Health and Safety Executive guidance for employers, for the duty, the penalties and the certificate
  • The Employers’ Liability (Compulsory Insurance) Regulations, for how the minimum is expressed
  • A published UK employers’ liability wording, for how an insurer defines an employee
  • Northern Ireland business guidance, for the regime that sits outside the 1969 Act
  • The Financial Conduct Authority register, for checking a firm before dealing with it

No premium figures and no savings claims appear here. The money figures on this page are statutory minimums and maximum fines, not prices. The main thing this page corrects is the forty-year certificate retention rule, which was revoked with effect from 1 October 2008 and is still printed as current law across a great many UK insurance pages.