Do sole traders need employers' liability insurance?
Only once you employ someone. A sole trader working alone doesn't need employers' liability (EL) insurance. As soon as you take on staff, including part-time, casual or temporary workers and many labour-only subcontractors, the Employers' Liability (Compulsory Insurance) Act 1969 requires cover of at least £5 million. GOV.UK says you can be fined £2,500 for every day you're uninsured and £1,000 for not displaying the certificate. Unincorporated family businesses employing only close relatives are exempt. See do sole traders need insurance at all for the other covers.
- No employees means no legal need for EL. It becomes compulsory the day you hire.
- Minimum cover is £5 million, from an authorised insurer. Most policies are written at £10 million.
- Fines: up to £2,500 for every day without proper cover, and £1,000 for not displaying the certificate.
- Family exemption: unincorporated businesses employing only close relatives are exempt, but not if you incorporate.
- Labour-only subcontractors working under your direction with your tools can count as employees.
Who Counts as an Employee for EL Purposes
Genuinely independent contractors who bring their own tools, control their own work and carry their own insurance usually aren't. Ask them for their public liability certificate anyway.
Paying a friend cash to help on a two-day job can make you an employer for EL purposes. If they're injured, you face both the claim and a potential penalty.
The Exemptions
Employees based entirely outside England, Scotland and Wales are also outside the Act's scope; Northern Ireland has its own equivalent rules.
Cost, Certificates and Records
EL premiums are an allowable expense, explained in is business insurance tax deductible for sole traders. If staff drive for you, check your motor cover too, in business car insurance for sole traders. If you employ people at your home, see working from home insurance. EL protects you against staff claims, not your own lost income if you're injured; that's income protection.
Illustrative Case: The Plasterer's First Hire
Scenario: A sole-trader plasterer takes on a school leaver as a labourer for the summer and assumes his public liability policy covers "anyone working with me". The labourer falls from a stepladder and breaks an ankle.
Resolution & Judicial Outcome: The public liability insurer declines the claim because injuries to employees fall under employers' liability, not public liability. The plasterer faces the compensation claim personally and could also be fined for trading without compulsory EL cover. He buys combined PL/EL cover for the rest of the season.
What You Should Do: Step-by-Step Action Plan
Critical Mistakes to Avoid
- Assuming public liability covers injuries to your own staff.
- Treating casual cash-in-hand helpers as not counting.
- Relying on the family exemption after forming a limited company.
- Forgetting to display the certificate.