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We are often asked “Do we need Employers Liability even though we do not employee anyone on the books?”. The answer boils down to whether there is a ‘master/servant’ relationship. Four tests have been established over time from case law to help determine, though we must point out, that all four need not be present at once:
1. Employers power of selection
2. Wages or other forms of remuneration paid
3. Employers right to control method of carrying out the work
4. Employers right of suspension or dismissal
Most policies define ‘Employee’ to include individuals who are doing similar work to that done by an employed person and under the same degree of control. Control is the crucial point: there does not need to be direct control, but if there is some control, the person will be considered an ‘employee’ and a public liability policy will not respond.
For more information or to discuss any other enquiries, please don’t hesitate to contact us on 01937 222139 or send an email to firstname.lastname@example.org
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