Employers’ liability is a statutory requirement in the UK if you have anyone working under your care.
Who needs to be covered?
Employers’ Liability is required for anyone formally employed by you or your company, and some freelancers.
What if someone working for me isn’t a permanent member of staff?
For insurance purposes, there are two types of freelancers: Labour Only Subcontractors, and Bona Fide Subcontractors.
Everyone who works under your care and direction is called a Labour Only Subcontractor (someone who has been contracted to work for you) and requires Employers’ Liability cover. Typically, Labour Only Subcontractors are assistants or runners.
The only people working for you who do NOT require Employers’ Liability cover are Bona Fide Subcontractors. They are contractors hired for their expertise, and therefore charge the photographer a fee for their professional services. Typically they might be make-up artists, set builders or stylists. You should ensure such subcontractors have their own liability insurance in place; Public Liability to cover their property and third parties, and Employers’ Liability if they bring their own employees or Labour Only subcontractors on set.
It’s worth noting that apprentices and work experience people also require Employers Liability cover.
How much cover do I need?
The minimum cover for compensation is £5,000,000. Insurers typically offer cover at £10,000,000 as standard. There is often a sublimit of £5,000,000 for terrorism claims.
