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Management_Liability_InsuranceIf you are running a business, you will have made sure you are insured if anything happens to your employees, premises, equipment and stock. Losing any of these could have a major impact on the financial survival of your business.

What you may not have considered is a scenario where you could lose your own personal property or wealth. After all, your company is a limited company and therefore has limited liability so there is nothing to worry about. However, as a director of the company your liability is unlimited. If a claimant cannot get full compensation from your company, they are entitled to seek redress from the assets of its directors.

Directors and company owners often make decisions that entail an element of risk. If, because of a decision you have made, the company is sued for negligence or a wrongful act, claims can be made not only against the company but also against the company directors. This could have massive implications on your own wealth and lifestyle. Legal and investigative costs can run into hundreds of thousands of pounds and that’s before any compensation or fines are levied by the courts.

Management liability insurance
This insurance cover has been specifically developed for companies with a turnover of up to 50 million. It is taken out in addition to your usual commercial and property insurance and does not add very much in the way of premium to your standard insurance costs.

The cover includes directors’ and officers’ liability and company legal liability, employee dishonesty cover and legal pursuit.

You can also include pollution clean up costs and cyber-crime liability.

Access to employment, legal and regulatory advice is available with this policy to help you to manage a critical situation that could have devastating consequences for the company and its directors.

Why risk your own personal wealth now and in the future for a small additional cost?

Some of the decisions you make as a director now may not have an impact for years to come. You will still be liable for those decisions even if you have left the company. The last thing you want is to be caught up in a claim after you have gone.

This insurance cover is ideal for small to medium sized businesses that are just as vulnerable to this type of claim as larger corporations. It is often easier to reach and identify the owners of these companies.

Peace of mind is not easy to come by these days; for the price of a few sandwiches and drinks at your next board meeting, you could protect your company directors from claims on their personal wealth and the company from a devastating loss of funds.

To get a quote for your peace of mind, simply go to the contact page on our website and fill in your requirements and one of our team will contact you with more information about how management liability insurance works and the amount of cover you will need for your company.
If you or your business is found to be in material breach of health and safety law, you will have to pay for the time it takes the Health & Safety Executive (HSE) to identify the breach and help you put things right. This includes investigating and taking enforcement action and is called ‘Fee For Intervention’ (FFI).

HSE_Intervention_FeeIf it transpires that you have not broken the law, then you won’t pay anything. Dutyholders who comply with the law, or where there is no material breach, will not be charged FFI for any work that HSE does with them.

FFI applies to dutyholders where the HSE is the enforcing authority. This will include:
employers
  • self-employed who put others at risk
  • public and limited companies
  • general, limited and limited liability partnerships
  • Crown and public bodies
What the law says
The Health and Safety and Nuclear (Fees) Regulations 2016, link to external website say that a fee is payable to HSE if:
  • a person is contravening or has contravened health and safety laws; and
  • an inspector is of the opinion that the person is or has done so, and notifies the person in writing of that opinion.
What is a material breach?
A material breach is something which an inspector considers serious enough that they need to formally write to the business requiring action to be taken to deal with the material breach. If the inspector gives you a notification of contravention (NoC) after their visit, you’ll have to pay a fee.
The NoC must include:
  • the law that the inspector considers has been broken
  • the reason(s) for their opinion
  • notification that a fee is payable to HSE
Where an inspector simply gives you advice, either verbal or written, you won’t have to pay anything for this advice.

How much it costs
It currently costs £129 an hour. The fee will include the costs covering the time of the entire original visit. The total amount recovered will be based on the amount of time it takes HSE to identify the breach and help you put things right (including associated office work), multiplied by the hourly rate.
Your fee may include the inspector’s time:
  • at your business or workplace
  • preparing reports
  • getting specialist advice
  • talking to you after the visit
  • talking to your workers
The fee can vary depending on:
  • how long the original visit was
  • the time the inspector spent helping you put things right
  • the time it took the inspector to investigate your case
  • any time we spend on taking action against you
Find out more
The Guidance on the application of Fee for Intervention (FFI) document (also available in Welsh) sets out the general principles and approach of the scheme. It includes examples of material breaches but does not cover every scenario where FFI might apply.

Inspectors will apply this guidance and their enforcement decisions will be based on the principles of HSE’s enforcement decision-making frameworks – the Enforcement Management Model (EMM) and the Enforcement Policy Statement (EPS).

The Guidance on the application of Fee for Intervention (FFI) document (also available in Welsh) sets out the general principles and approach of the scheme. It includes examples of material breaches but does not cover every scenario where FFI might apply.

Some Management Liability or Directors and Officers insurance products provide cover to protect against FFI.

If you would like to discuss your own Management Liability Insurance or D&O policy then please contact us on 0121 321 4600 or send an email to info@clarisksolutions.co.uk