January 2004

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 » Employers' liability insurance  » New laws on mobile phone use » New rules on equality and discrimination
 

Employers' liability insurance

The Government is considering waiving the requirement to obtain employers' liability insurance for limited companies that employ only their owner.

This would bring the treatment of these companies into line with unincorporated businesses and would lift the requirement to insure from over 300,000 of the smallest businesses. A report is promised by March 2004.

Costs for employers' liability insurance have grown. Premiums rose by an average of 50% in 2002, according to a study by the Office of Fair Trading (OFT), although some sectors suffered much larger increases. Small and medium-sized enterprises have been hit particularly hard, as have high-risk businesses such as roofing and scaffolding. The rise continued, though at a lower rate, in 2003, and it is predicted that increases will average 10-15% in 2003/04.

Employers' liability insurance is compulsory. The legal minimum cover is £5 million and certificates must be displayed in the workplace. The OFT report examined claims that some businesses had been unable to obtain insurance at any price but came to no definite conclusion. Although the OFT found no evidence of a widespread withdrawal of insurance, some insurers were quoting prices so high as to amount to an effective refusal of cover.

Several factors have caused the increases, including greater levels of employee litigation, the general increase in insurance costs following the terrorist atrocities of 11 September 2001 and the growing cost of resolving claims. The Government is working with employers, trade unions, lawyers and others to improve the claims resolution process and reduce the sometimes excessive legal costs.

If your insurance quote has increased excessively, you should try shopping around. Some insurers are specialising in those sectors where they have the greatest knowledge or expertise in assessing or pricing the risk. It is often possible to reduce premiums by accepting a greater level of policy exclusions. However, you should consider the impact on your business of having to meet a greater part of the cost of a claim yourself. Buying employers' liability insurance as part of a general business insurance package may be easier and cheaper.

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New laws on mobile phone use

Employers could face criminal charges if they do not forbid employees from using hand-held mobile phones while driving on company business.

Regulations that came into force on 1 December 2003 apply to 'anyone who causes or permits any other person' to use a hand-held phone while driving. Using hands-free equipment is allowed, so where employees have to be able to use a phone while driving on business, employers are advised to supply a hands-free kit.

Should a driver be caught, there is a fixed fine of £30 and up to £1,000 on conviction in court (£2,500 for drivers of goods vehicles, buses or coaches). Employers can protect themselves from liability by adopting a clear written policy on mobile phone use. This should state that using a hand-held mobile phone is an offence within the scope of the employer's disciplinary procedure as well as a criminal offence, and that the employer will not pay any fine imposed on an employee.

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New rules on equality and discrimination

Discrimination in the workplace on grounds of religion, belief or sexual orientation is now illegal.

Regulations came into force in December 2003 and apply to all employers regardless of size. These cover recruitment, terms and conditions, pay, promotion, transfers and dismissals.

The process of guaranteeing equality in employment will be extended further as new laws against discrimination come into effect on grounds of disability in October 2004 and on age discrimination by the end of 2006.

Employers will have to take active steps to prevent discrimination on any grounds and ensure that employees comply with the legislation. Failure to do so can have very serious consequences, including possible imprisonment if employee abuse is ignored. Meanwhile, the Equal Opportunities Commission has issued a revised code of practice on equal pay.

Employers should regularly review and monitor their pay practices, in consultation with their workforce. The effective implementation of equal pay policies should reduce the risk of costly litigation and can increase business efficiency by attracting the best employees and reducing staff turnover.

Pay systems must be transparent. Everyone involved should be able to understand their pay and benefit systems, without disclosing individual pay levels. Where the pay structure is not transparent, and an employee is able to show some indication of sex discrimination, the burden of proof switches to the employer, who then has to demonstrate that the pay system does not discriminate.


 

Employers are advised to keep records of how they have reached any pay decision. The code also explains how to decide whether jobs are of equal value and how an employer might be able to provide objective justifications for any differences in pay.

The code of practice on equal pay is available from the Equal Opportunities Commission website at
www.eoc.org.uk/EOCeng/dynpages/law_codes_of_ practice.asp

 

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Lead Articles

Tax Issues

»  Business Matters

Law Lines

 In Brief

This newsletter has been prepared for general interest and it is important to obtain professional advice on specific issues. We believe the information contained in it to be correct at the time of publication. While all possible care is taken in the preparation of this newsletter, no responsibility for loss occasioned by any person acting or refraining from acting as a result of the material contained herein can be accepted by the firm, the authors or the publishers.