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Shirley Holley
Member - 3 posts
Whilst it is not possible to insure against fines, it is possible to insure against defence costs. I suggest that you ask your current insurers what steps they are taking, if any.
I asked my insurance company what action we needed to take and was advised that our Director & Officer policy effectively covers employees acting in the interests of our business.
Our EL/PLinsurer is adding an endorsement to our policy as follows;
"To provide Policyholders with protection against legal charges for defence
against a charge of Corporate Manslaughter or Homicide, all Employers’
Liability, Fleet and Smallfleet written by Zurich Commercial Broker,
Zurich Commercial Direct or Zurich Global Corporate UK will be extended to
provide defence costs up to a £5 million limit. In respect of Public
Liability policies written by Zurich Commercial Broker or Zurich
Commercial Direct we will provide for defence costs up to £5 million or
the policy limit of indemnity, whichever is the lesser.
Few of our competitors have made their final intentions on this cover
known at this time, but on the information that is available, we believe
this level of cover will be towards the upper limits available within the
market and will further enhance our product offering.
It is our intention to provide the enhanced cover to all existing
customers with effect from 01 April 2008, irrespective of policy renewal
date. We are in the process of preparing a "Notice to Policyholder",
which will confirm cover by intent, thereafter polices can be endorsed as
they fall due for renewal. In addition, articles will appear in our
customer publications, "News and Views" for ZCD and Business First ZCB.
The charge of Corporate Manslaughter or Homicide is very specific and will
require a change to the policy wordings, endorsement wordings are being
finalised for our core policies for each line of business and will be
available shortly."
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Shirley Holley
Member - 3 posts
The police have already been notified as it is company policy to do so. The terms of the agency agreement make it clear that they provide staff, and we can choose whether they remain on site or not. So I am happy that we have not breached employee rights, etc.
I will suggest to the contracts manager that the amount is deducted from the agency's next payment (and that we notify them appropriately). I think you're both right - if the agency want to continue working with us, they will stump up the cash! Thanks for your replies.
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Shirley Holley
Member - 3 posts
An agency worker was sacked last week and he has scratched an obscenity (and usefully his name!) into his previous manager's (our employee) car.
This has been reported to the police and my initial reaction is that, as this is a criminal offence committed by an individual, the matter would need to be dealt with outside of the employer-employee relationship.
Is this correct? Or is there any way that we could make the agency pay for the repair cost to the car?
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