top of page
Modern editorial illustration of a business owner, employees, customer and contractor show

PUBLIC & EMPLOYERS’ LIABILITY INSURANCE GUIDE

What’s the Difference Between Public Liability and Employers’ Liability Insurance?

Public Liability Insurance and Employers’ Liability Insurance protect against different types of claims.



Public Liability is designed to protect your business if a member of the public, customer or other third party is injured or their property is damaged because of your business activities.



Employers’ Liability is designed to protect your business if an employee suffers injury or illness because of the work they do for you.



For most UK businesses that employ people, Employers’ Liability Insurance is a legal requirement.

 

Public Liability is not generally compulsory by law, but it is often required by customers, contracts, landlords or trade bodies.

WHAT SHOULD I CONSIDER?

Think about how your business operates day to day:

Do you employ anyone?
You will usually need Employers’ Liability Insurance, subject to certain exemptions.



Do customers or members of the public visit your premises?
Public Liability Insurance may be important if someone is injured or their property is damaged.



Do you work at customers’ premises or on construction sites?
Public Liability is commonly required by clients and principal contractors.



Do you use subcontractors or labour-only workers?
Their employment status can affect whether Employers’ Liability cover is required.



Do your contracts specify a minimum level of liability cover?
Many businesses are required to carry £2 million, £5 million or £10 million of Public Liability cover.



Could an employee suffer an injury or occupational illness?
Employers’ Liability can respond to compensation and legal costs arising from employee claims.

What Is Public Liability Insurance?

 

Public Liability Insurance can protect your business against legal liability for accidental injury to third parties or accidental damage to their property arising from your business activities.



Examples could include a customer slipping at your premises, a contractor damaging property while working at a client’s site, or a member of the public being injured because of work being carried out.

 

It can cover compensation and associated legal costs, subject to the policy terms and limits.

 

Public Liability Insurance is relevant to many different businesses, including contractors, trades, retailers, hospitality businesses, offices, professional firms and businesses that regularly visit customers.

 

What Is Employers’ Liability Insurance?

 

Employers’ Liability Insurance protects businesses against claims from employees who suffer injury or illness because of their work.

Most UK employers are legally required to hold Employers’ Liability Insurance for at least £5 million from an authorised insurer, although exemptions can apply.



In practice, many commercial policies provide a higher standard limit, often £10 million.



Employers’ Liability can cover compensation payments and legal costs arising from employee claims.

 

Who Counts as an Employee?



This is an important question because the answer is not always limited to people on a traditional payroll.



Depending on the circumstances, Employers’ Liability requirements can potentially extend to temporary staff, casual workers, apprentices, labour-only subcontractors and other people working under your direction and control.



This is one of the areas where it is important to explain clearly to your broker how your workforce is structured.



Is Public Liability Insurance Compulsory?



Public Liability Insurance is not generally compulsory by law. However, many businesses still need it in practice.



Customers, landlords, local authorities, principal contractors and professional bodies may insist on a minimum level of cover before allowing you to work for them or on their premises.

For contractors and trades, this is particularly common.



How Much Liability Cover Do I Need?



There is no single limit that is right for every business. Public Liability limits commonly start at £1 million or £2 million, but contracts may require £5 million or £10 million.



The appropriate level can depend on the type of work you undertake, the size of your contracts, where you work and the potential severity of a claim.



Employers’ Liability must generally provide at least £5 million of cover under UK law.



Public Liability vs Employers’ Liability – What Is the Main Difference?



The simplest distinction is who is making the claim.



Public Liability relates primarily to third parties, such as customers, visitors and members of the public.



Employers’ Liability relates to employees and people who may be treated as employees for insurance purposes.



A business may therefore need both policies.



AXA describes the same core distinction: Public Liability protects against claims from third parties, while Employers’ Liability addresses claims arising from employees.



What Types of Businesses Commonly Need Both?



Many businesses require both Public Liability and Employers’ Liability, particularly where they employ people and interact with customers or work away from their own premises.

 

Examples include:



Contractors and trades
Construction businesses
Property maintenance companies
Retailers
Restaurants and hospitality businesses
Manufacturers
Engineering companies
Warehouses and wholesalers
Offices with employees
Cleaning companies
Businesses working at customer premises



You May Also Be Interested In

 

Business Insurance Guide
A broader guide to the main types of cover different businesses should consider.

 

Contractors Insurance Guide
Liability, contract works, tools, plant and working away.

 

Professional Indemnity Insurance Guide
For businesses providing professional advice, designs or services.

 

Cyber Insurance Guide

Guidance on cyber risk, ransomware, data breaches and system interruption.



Directors & Officers Insurance Guide
How claims and investigations can affect directors and senior managers.

 



Not Sure Which Liability Cover You Need?

 

Tell us how your business operates, who works for you and where your work takes place.

 

We can help you understand whether Public Liability, Employers’ Liability or both should be considered and discuss appropriate limits of cover.

 

Call Morris Perrin Insurance Consultants on 01252 299094 or book a consultation.

 

 

Reviewed by Jeremy Perrin, Managing Director, Morris Perrin Insurance Consultants Ltd.

bottom of page