Is employer’s liability included as part of my landlord insurance policy?

Posted: 4th Jun 2014

No, it is not. Employer’s liability insurance is typically regarded as an entirely separate line of insurance protection.

In many situations where you are employing people, the law will require that you have employer’s liability insurance cover in place. It is not, as such, negotiable in these cases.

Where you may need to be cautious though is in deciding just who is or is not one of your employees.

At one time, this might have been relatively simple and based around the idea that in order to be counted as an employee, an individual would need to have a formal contract of employment in place.

You should note though that this is no longer necessarily the case. For a large number of reasons, including the rise of significant numbers of people nationally working on a self-employed basis, the authorities may interpret people performing work for you to be your employees even though you do not.

Should they form such a view of anyone doing work for you, including perhaps cleaners or odd-job people, you may find yourself liable for National Insurance contributions and potentially in breach of the law in terms of failing to provide employer’s liability cover.

It is well worth noting that in some cases, even family and friends who are working for you on a voluntary basis could be assessed as being your employees.

We cannot give legal advice on this matter but if you are in any doubt, it would be sensible to consult a duly qualified source of such advice.