Employer’s Liability for Health & Safety and Personal Injury Claims

The Insurance and Actuarial Society of Glasgow Professional Development Group is happy to announce that their next event will focus on employers' liability for claims following incidents at work, and what can be done to restrict that liability.

If your role involves claims management, you may feel that employers’ liability claims are often difficult to defend. However, there are steps which can be taken to avoid many of the common pitfalls of these claims. We will explore the new legal landscape and discuss action which can be taken to reduce exposure to claims.

In 2013, the Enterprise and Regulatory Reform Act (ERRA) promised a new regime for employers’ liability claims. It removed (most) civil liability for breaches of health and safety legislation. At the time it was thought that the Act would make employers’ liability claims easier to defend, and therefore the financial burden on businesses, and their insurers, would reduce. However, that is not exactly where we find ourselves in 2020 – with recent decisions showing that the courts are willing to extend the liabilities of businesses and organisations way beyond the traditionally accepted limits.

The presentation will look at the current scope of an employers’ liability and the circumstances in which the courts might be persuaded to stretch the boundaries. We will consider steps which can be taken by insurers and brokers to help protect clients and minimise the financial impact of a claim.
This presentation will be delivered by Laura McMillan, Partner, and Kate Donachie, Managing Associate, of Brodies LLP.

Learning Objectives

• Understand the current landscape for employers’ liability claims
• Understand the drivers behind recent developments in the courts
• Understand how contractual indemnities operate in personal injury claims
• Identify possible gaps in insurance cover in light of recent judgements