Do I need employers’ liability insurance for work experience students?
Taking on a student for work experience can be a really rewarding experience. For you and them. Just as long as you’re prepared and protecting them properly.
Did you know the wellbeing of any work experience students, interns, or casual staff working for you is your responsibility? That’s temporarily or otherwise.
And that brings employers’ liability insurance into the picture.
The thing is, as an ’employer’ you’re legally and morally responsible for the people you give direction to. Whether they’re on the payroll or not.
That means if they’re injured or become ill while they’re with you and they say it’s your fault, you could be held liable. Worse still, anyone working for you, in whatever capacity, can sue you for damages.
There’s nothing quite like a protracted and expensive court case and a substantial fine to ruin a summer holiday…
Do work experience students count as employees?
In the eyes of the Health and Safety Executive (HSE), yes they do. Anyone under your supervision and control does.
So if you’re a one-man-band and decide to take someone on a work placement, you’ll need to make sure you get employers’ liability insurance. It’s cheaper than most other types of insurance, so it won’t break the bank. And gives you, and your student, peace of mind.
If it’s arranged by their school, they may even insist you have it before they allow a student to come and work for you.
And at the end of the day, you owe the same duty of care to everyone under your supervision. Maybe even more so when they’re young and inexperienced.
What counts as work experience?
As well as students on a placement, there are other types of workers who could fall into this bracket. And they need to be protected by insurance too.
Including:
- interns
- apprentices
- casual workers
- volunteers.
Employers’ liability insurance generally covers anyone working for you, in any shape or form. The only situation where you don’t need it is when it’s a close family member. You can read our guide to employers’ liability to find out more.
What risk assessments should you do for work experience students?
It goes without saying, extra care and consideration should be taken when allowing someone under 18 to come and work for you.
Young people are often more vulnerable to accidents. They’re new to the world of work and probably unfamiliar with common workplace hazards.
When you’re deciding what tasks they’re going to carry out for you, think about their age, experience, and maturity. Ask yourself: how much responsibility can I give them? Can I be around enough to supervise them?
Students and young workers can be reluctant to ask questions or admit they’re unsure how to do something. Especially when they’re keen to make a good impression.
Remember too, that some young people might not have reached full physical maturity. They could be more susceptible to injuries from lifting, carrying, or other physically demanding tasks.
That’s why the HSE recommends giving young people clear instructions, appropriate training, and closer supervision than more experienced members of staff. They have a comprehensive guide for employers on risk assessment which could be helpful if you don’t have one in place already.
What the law has to say about employers’ liability insurance for work experience students
The Health and Safety Executive (HSE) sets the law on employee welfare and this is what they have to say about work experience students and interns:
“When employing a young person under the age of 18, whether for work, work experience, or as an apprentice, employers have the same responsibilities for their health, safety and welfare as they do for other employees.”
So what do you need to do? Take action to protect you and the person you’re taking on is what. Just as you would for any employee. Here’s how:
- Brief your new helper on your company’s health and safety policy. Make sure their equipment and working environment is fit for purpose. Provide whatever supervision and training they may need.
- Get employers’ liability insurance. If you’re sued by a member of your workforce, employers’ liability insurance pays for your legal defence and any compensation you’re liable for. It’s a legal requirement for any UK company with employees. And you can be fined heavily (£2,500 a day) for not having it.
- Check the person you’re taking on is legally allowed to work. Children under 13 are generally prohibited from any form of employment.
- Check your local authority’s bylaws on the types and hours of work that children aged between 13 and the minimum school leaving age (16) can do. Make sure the work you have in mind for your holiday help is suitable.
Is there anything else I need?
If you work with the general public, make sure you have public liability insurance too. If your work experience student makes a mistake and causes an accident, it’s on you and your business.
Usually, public liability and employers’ liability come as a package anyway – to make sure you’re covering all bases.
One size fits all
If you have an existing employers’ liability insurance policy, you’re covered already. There’s usually no need to tell your insurer about your extra pair of hands. However, it’s a good idea to talk to them if you’re taking someone on for a lengthy placement or internship. Or if they’re doing work that’s not among your company’s usual business activities.
Just to recap, before taking on a work experience student:
- Check they’re legally allowed to work
- Carry out a risk assessment
- Make sure your employers’ liability insurance is in place
- Check your public liability insurance too
- Speak to your insurer if the placement is unusual or longer than two weeks.
https://www.policybee.co.uk/blog/insurance-for-work-experience?source=affhub_BizBox&partner=557