Employers’ liability insurance: rights of employees

Under the Employers’ Liability (Compulsory Insurance) Act 1969 the vast majority of employers are required to hold liability insurance in respect of claims by employees. By comparison with the compulsory insurance regime for motor insurance, the employment scheme is decidedly weak. In Komives and Another v Hick Lane Bedding Ltd and Another [2021] EWHC 3139 (QB) May J has upheld the decision of Master Davison to the effect that there is nothing in the employment legislation that prevents an insurer from relying upon avoidance of the policy.

Komives : the facts