Employers Liability Insurance

[ksa103]

Hi,
I had a meeting with my boss last week re holiday pay (posted on separate thread).
I also talked with her about Employers Liability Insurance, and she doesn't have it. She just has Public Liability. She said she would look into it that afternoon.
Heard nothing.
I emailed her Friday morning asking for an update.
Heard nothing.
What should my next step be? Any thoughts appreciated!

[Isleepinahedgefund]

Unless you are a relative, she needs EL insurance, it’s mandatory. Hefty fines too (HSE are the regulators i believe). You can report her yourself. There’s also a fine for not displaying the certificate that she doesn’t have. It is a serious issue, if you do have an accident you’ll be screwed if she doesn’t have the cover, it’s madatory for a reason. This is not an issue on which you want to mind your own business (I’m sure someone will tell you to!), as an employee it’s there to protect you.

Given your holiday pay issue and now this, I would look for employment elsewhere, she sounds like she’s quite careless, possibly a bit dodgy and not the sort of person I’d want to work for.

[ksa103]

I am moving on very soon. I want to know my colleagues are ok though.
I agree, the whole "business" is set up illegally. I just don't know who to report it all to.
She pays no SSP, no pension plan etc either.
Is there a "body" to report illegal businesses like this to? Thanks.

[daisychain01]

Point her towards HMRC website, it clearly states the company is breaking the law

www.gov.uk/employers-liability-insurance

Unless she can prove she has ringfenced at least £5M to cover any claim, she can be fined on a daily basis for the duration of not having it.

You've highlighted it, give her a reasonable time to rectify the situation, then hit her with the above.

[daisychain01]

Bear in mind it's a balance between preserving the employer/employee relationship and ensuring you and staff are protected.

If you come across too forcefully or are pushy, she could just tell you to go and work elsewhere. If you can, I'd find another job. Sounds like she isn't nice to work for.

[ksa103]

Thanks daisychain01.
I showed her that link from Gov.uk last week when I met with her. She said she would look into it. But how long do I give her?
I will be moving on very soon to another job. I must say that I'm past protecting my employee/employer relationship! Although I have been polite but clear in my communications with her.

[Isleepinahedgefund]

It’s not for you to give her time and/or monitor her - she is already acting in breach of her legal responsibility as an employer. You report her (to the The Health and Safety Executive/HSE) for the insurance) and they give her time to rectify if or fine her. Don’t hesitate to report her if you care about the wellbeing of her other staff.

The website PP has given is the gov.uk website which covers the whole of government, not HMRC. Don’t report Health and Safety to HMRC. They deal with taxation.

SSP you’d cover with a tribunal as and when it arose I think, but I’m not an expert in employment law.

Pension I’d suppose the pensions regulator must be the people to go to if she’s not set up a scheme. They have a whistleblowing thing on their website you can report her with, again let them sort her out it’s not for you to do.

[daisychain01]

Apologies I shouldn't have typed HMRC, should have said HSE, thanks for correcting me Isleep

I think it's a lot for one employee to singlehandedly take on their employer on all their misdemeanours, and if they are leaving the company soon, that is a factor too. I agree it isn't for her to give 'deadlines' but her point was how long should she hold off taking further action. Maybe her employer is taking action in the week since she highlighted about EL.

It's all very well being the hero, but if your own job and livelihood is A consideration, then I think a steady approach is best, maybe give it another week before highlighting concerns and then reporting. Only the OP knows how strongly they feel about rushing to HSE now

[Isleepinahedgefund]

OP says she’s leaving anyway, so nothing to lose...