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Employers' Liability (Compulsory Insurance) Act 1969

The Employers' Liability (Compulsory Insurance) Act 1969 (c 57) is a UK act of Parliament which requires that employers carry insurance against the personal injury of their employees.

Employers' Liability (Compulsory Insurance) Act 1969
Act of Parliament
Long titleAn Act to require employers to insure against their liability for personal injury to their employees; and for purposes connected with the matter aforesaid.
Citation1969 c. 57
Dates
Royal assent22 October 1969

Content edit

The insurance that employers must take out is referred to as Employer's Liability Compulsory Insurance (sometimes referred to as "ELCI").[1] As well as being insured, employers must post details of the insurance for staff to see. This requirement applies to most companies; exemptions include public organisations and certain micro companies.

Under section 5, offenders can be sentenced, on summary conviction in a magistrates' court, to a fine of up to level 4 on the standard scale (£2,500).

Employers' Liability Tracing Office edit

The Employers' Liability Tracing Office (ELTO) is an independent UK agency set up to provide insurance claimants and their representatives with online access to a database of Employers' Liability Insurance policies, so that people suffering from a disease/injury caused at work with a former employer can identify who provides their insurance. It is organised as an independent, not-for-profit company limited by guarantee and funded by a levy.[2] It was established in 2011 and is based in Milton Keynes. ELTO replaced a previous voluntary Employers' Liability Code of Practice (ELCOP) tracing service, which had been in place since 1999.[3]

In February 2011, the Financial Services Authority published regulations concerning the way that insurers and intermediaries record employers' liability policy data.[4]

Working abroad edit

The act does not require compulsory insurance against illness and injury suffered by employees working abroad. Reid v Rush and Tompkins Group Plc (1989) established that there is no requirement to advise employees to obtain insurance for themselves:

In a number of contexts, Parliament has legislated to protect people in this country from the risks of uncompensated injury. Compulsory employer's liability insurance has been imposed. Save for certain limited exceptions that duty does not apply to employment out of this country. Even in the limited and modest terms of a duty to warn it might be difficult to impose by judicial decision a duty on employers in respect of their servants working abroad, which relates to loss through injuries suffered where the employer is not responsible, having regard to the fact that Parliament has not imposed an obligation to ensure even in respect of injuries for which the employer would be liable.[5][a]

See also edit

Notes edit

References edit

  1. ^ Health and Safety Executive for Northern Ireland, Insurance, accessed 11 February 2019
  2. ^ Employers' Liability Tracing Office, What is ELTO?, accessed 12 June 2018
  3. ^ Employers' Liability Tracing Office, ELTO marks five years with growing industry commitment, published 5 September 2016, accessed 12 June 2018
  4. ^ Financial Services Authority, PS 11/4: Tracing Employers' Liability Insurers, February 2011, accessed 2 August 2018
  5. ^ Lord Justice Ralph Gibson, England and Wales Court of Appeal, Reid v Rush and Tompkins Group Plc [1989] EWCA Civ 10 (22 March 1989), accessed 11 February 2019, cf [1990] 1 WLR 212

employers, liability, compulsory, insurance, 1969, parliament, which, requires, that, employers, carry, insurance, against, personal, injury, their, employees, parliamentparliament, united, kingdomlong, titlean, require, employers, insure, against, their, liab. The Employers Liability Compulsory Insurance Act 1969 c 57 is a UK act of Parliament which requires that employers carry insurance against the personal injury of their employees Employers Liability Compulsory Insurance Act 1969Act of ParliamentParliament of the United KingdomLong titleAn Act to require employers to insure against their liability for personal injury to their employees and for purposes connected with the matter aforesaid Citation1969 c 57DatesRoyal assent22 October 1969 Contents 1 Content 2 Employers Liability Tracing Office 3 Working abroad 4 See also 5 Notes 6 ReferencesContent editThe insurance that employers must take out is referred to as Employer s Liability Compulsory Insurance sometimes referred to as ELCI 1 As well as being insured employers must post details of the insurance for staff to see This requirement applies to most companies exemptions include public organisations and certain micro companies Under section 5 offenders can be sentenced on summary conviction in a magistrates court to a fine of up to level 4 on the standard scale 2 500 Employers Liability Tracing Office editThe Employers Liability Tracing Office ELTO is an independent UK agency set up to provide insurance claimants and their representatives with online access to a database of Employers Liability Insurance policies so that people suffering from a disease injury caused at work with a former employer can identify who provides their insurance It is organised as an independent not for profit company limited by guarantee and funded by a levy 2 It was established in 2011 and is based in Milton Keynes ELTO replaced a previous voluntary Employers Liability Code of Practice ELCOP tracing service which had been in place since 1999 3 In February 2011 the Financial Services Authority published regulations concerning the way that insurers and intermediaries record employers liability policy data 4 Working abroad editThis section needs expansion You can help by adding to it August 2011 The act does not require compulsory insurance against illness and injury suffered by employees working abroad Reid v Rush and Tompkins Group Plc 1989 established that there is no requirement to advise employees to obtain insurance for themselves In a number of contexts Parliament has legislated to protect people in this country from the risks of uncompensated injury Compulsory employer s liability insurance has been imposed Save for certain limited exceptions that duty does not apply to employment out of this country Even in the limited and modest terms of a duty to warn it might be difficult to impose by judicial decision a duty on employers in respect of their servants working abroad which relates to loss through injuries suffered where the employer is not responsible having regard to the fact that Parliament has not imposed an obligation to ensure even in respect of injuries for which the employer would be liable 5 a See also editUK labour law English tort lawNotes edit But contrast Scally v Southern Health and Social Services Board 1992 1 AC 294References edit Health and Safety Executive for Northern Ireland Insurance accessed 11 February 2019 Employers Liability Tracing Office What is ELTO accessed 12 June 2018 Employers Liability Tracing Office ELTO marks five years with growing industry commitment published 5 September 2016 accessed 12 June 2018 Financial Services Authority PS 11 4 Tracing Employers Liability Insurers February 2011 accessed 2 August 2018 Lord Justice Ralph Gibson England and Wales Court of Appeal Reid v Rush and Tompkins Group Plc 1989 EWCA Civ 10 22 March 1989 accessed 11 February 2019 cf 1990 1 WLR 212 Retrieved from https en wikipedia org w index php title Employers 27 Liability Compulsory Insurance Act 1969 amp oldid 1190038135, wikipedia, wiki, book, books, library,

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