Topic: Allotments and employers liabilty insurance

[metmum]

Hi
 
I have a question about employers insurance. The council have changed our agreement with them, we are now responsible for all the maintenance in and around the site, which isn't a problem because the council have dropped the rent to a peppercorn rent.

The problem we have is some members of the committee want to get insurance and have work parties to do the work and some want ti employ contractors to do. I know we need employers liability if we have work parties even if they are volunteers, but I have also read on some other forums that we will still need it if we employ contractors because we are a committee that is doing the contracting. Is this correct?

And also who is liable if we don't have the insurance, again I have read that the committee members will be held liable if we don't have any, is this also correct?

Many thanks for any help in this matter

[Unwashed]

As I understand it the Employer's Liability (Compulsory Insurance) Act 1969 does not oblige an organisation to have employer's insurance to cover volunteers, and whether you are obliged to have insurance to cover paid contractors depends on the nature of the contract so if you were paying one of your allotmenteers to do some strimming then chances are you she'd be considered to be an employee, but if you engaged the services of an independent grounds maintenance company it seems unlikely they would be considered to be employees.

That said, the committee owes its volunteers a duty of care so if your volunteers are injured through the negligence of the committee then the volunteer could sue the committee and so it would be prudent for the comittee to take out employer's insurance as protection - make sure the policy covers volunteers, as it probably won't by default.

In a nutshell then:  you don't need employer's insurance for contractors, and you don't need it by law for volunteers but it's a very good idea.

Unless the committee is a body corporate, if the committee is sued then the action is actually brought against individual committee members in their personal capacity, and I believe the committee share joint and several liability so any member of the committee is fair game - a very good reason to take out the insurance!

Bear in mind that employer's insurance protects the committee, but it's also the responsible thing to do to take out public liability insurance to protect the volunteer from third-party claims for damage.  So if your volunteer throws up a stone while strimming and the stone cracks a greenhouse you would want some insurance in place to pay for the glass rather then sddle the volunteer with the bill.

More here and here and I think the British Trust for Conservation Volunteers do a package of insurance and training that might be useful.

[tonybloke]

there is no such thing as a volunteer in law.
any person carrying out any work, (paid or unpaid / thanked) is still an employee.
therefore, employers insurance is necessary.

also, your association is responsible for any persons on the site, (invited or not) and should therefore have public liability insurance.

rgds, Tony

[Trevor_D]

As an independent - ie. non-council - site, we have both. It sounds as if effectively you are in the same situation as we are; the only difference being your land is owned by the council, ours by the church.

Go for it. But make sure, as Unwashed says, that it covers volunteers. The various packages aimed at allotments would give the correct cover. It used to be common practice to simply recommend the package promoted by NSALG, but that's just been revamped and there are others on offer as well now which might suit you better. (There's another thread on here about that.)

[metmum]

Many thanks for the info.

Like I said I and a couple of other committee think we should get it and 2 others think we shouldn't so i wanted to make sure of my facts. I have priced the insurance to cover us for volunteers from 3 places, bluefin (ie nsalg), Russal scanlin (through the nottimshire assosication) and the swcaa. Are there any others that I can try?

[tonybloke]

try the RHS

[Unwashed]

Yes, like I said, you could talk to the British Trust for Conservation Volunteers, not least because you might well benefit from more than just an insurance policy and they are set up to support organisation just like yourselves with the kind of training you'll need - your priority should be to manage and minimise the risk before insuring against it.  I also have this lingering suspicion that you don't actually need employer's liability insurance, and it may be that simple personal accident insurance is cheaper, though you'll want public liability insurance as well

[chairman]

I strongly suggest obtaining a copy of  "Charity and Voluntary Workers" (HSG192) a guide to health and safety at work for any group that uses voluntary workers. from the HSE or available on line as a pdf doc from the HSE web site.

[Unwashed]

HSG192 doesn't appear to be available from the HSE directly any more, but you can send off for a free copy from these people.