From freelancers to full-scale production companies, here’s what you need to know.

In the photography, film, production, and wider creative industries, teams often operate with a mix of freelancers, contractors, assistants, interns, collaborators, and full-time staff. It’s a flexible, project-based world, but when it comes to legal obligations like Employers’ Liability Insurance (EL), flexibility can quickly become a grey area.

So, whether you’re a one-person outfit hiring a freelance runner for the day, or a full-scale production company with dozens of staff, it’s critical to understand: Do you need Employers’ Liability cover? And if so, when?

What is Employers’ Liability insurance?

Employers’ Liability insurance is a legal requirement under UK law for most businesses that employ anyone. It covers claims made by employees who are injured or become ill as a result of their work for you. These claims can result in substantial compensation costs and legal fees.

This policy protects your business from these financial risks — but perhaps more importantly, it ensures the people working for you are protected too.

The key legislation is the Employers’ Liability (Compulsory Insurance) Act 1969. It mandates that most UK employers must have cover of at least £5 million, and be insured with an authorised insurer.

Who needs it?

You need Employers’ Liability Insurance if you employ anyone, including:

• Full-time or part-time employees
• Temporary staff
• Casual workers
• Freelancers who are under your supervision
• Volunteers and interns
• Apprentices

This applies to almost every business, including photographers, videographers, production companies, agencies, studios, and freelancers who bring in help, even for a single day.

These are just some of the many instances where EL is required: 

• A photographer hiring an assistant to carry equipment or manage lighting — even for one shoot.
• A video production company hiring freelance crew — such as runners.
• A design agency using an intern for social media or editing.
• A film director bringing an apprentice on set with them for a three-day project.

If those individuals are working under your direction, using your equipment, and contributing to your project, you’re likely required to have cover — even if they are technically self-employed.

Common misconceptions

There are a lot of myths in the creative industries about when Employers’ Liability is necessary. Let’s debunk a few:

“They’re freelancers, so I don’t need cover.”

Not necessarily true. If they’re working under your control, not offering their services to other clients at the same time and are economically dependent on your job (i.e. using your kit, on your schedule), they could be legally seen as employees — even if they invoice you.

“I only hired someone for a day.”

Duration doesn’t matter. A single day’s hire of an assistant or crew member can trigger the legal requirement.

“We’re a small team, under five people.”

There’s no minimum size threshold. Even if you’re a sole trader who occasionally uses help, you may still need cover.

Who is exempt?

There are limited exemptions to the Employers’ Liability requirement. You may not need it if:

• You are a sole trader with no employees, assistants, or contractors.
• All workers you engage are truly independent, running their own business, using their own tools, and not under your direction.
• You are a limited company with only one director, and no other workers.

Grey areas to watch out for

The creative industry thrives on flexible collaborations, but this also creates legal ambiguity. Some tricky situations include:

Assistants who are ‘Freelance‘

A photography assistant might invoice you and call themselves freelance — but if they’re on your set, following your brief, and working only for you that day, HMRC or the HSE could deem them employees in the eyes of insurance law.

Internships and Volunteers

Unpaid interns or volunteers are still considered employees for EL purposes. If someone is gaining work experience with you and is under your supervision, you’re legally required to cover them.

Co-Production Teams

In joint productions, responsibility for insurance may fall to one party — but if you are directing workers, you could still be liable. Make sure insurance responsibilities are clearly defined in contracts.

Consequences of not having Employers’ Liability

Failing to secure cover when required isn’t just risky – it’s illegal.

• The Health and Safety Executive (HSE) can fine you £2,500 for every day you lack the correct insurance.
• You can be fined £1,000 if you don’t display your certificate or refuse to show it when asked.
• Most importantly, if someone gets hurt and you’re uninsured, you may be held personally liable for compensation – and those claims can be financially devastating.

What does it cover?

Employers’ Liability Insurance typically covers:

• Legal fees for defending a claim.
• Compensation payouts to injured staff or assistants.
• Medical costs and rehabilitation.
• Claims related to work-related illness or disease (e.g. repetitive strain injuries, long-term exposure to sound or chemicals).

When should you get it?

You should have EL in place before anyone starts working for you, even if it’s just an assistant for one day. If your business is growing or you’re unsure about the employment status of your team, it’s safer to have Employers’ Liability in place proactively.

So please remember that… 

In the creative sector, where teams expand and contract based on projects, Employers’ Liability cover is one of the most misunderstood but crucial policies. Whether you’re shooting a fashion campaign with a freelance crew or producing branded content with an intern in tow, chances are, you’re legally required to have it.

Don’t rely on assumptions or informal titles like ‘freelancer.’ Look at the actual working relationship, and if there’s any supervision or direction involved, play it safe: get covered. Not only is it the legal thing to do — it’s the right thing to protect the people helping bring your creative vision to life.