Health and Safety Failings – Takeaway shop fined for employers liability insurance gap

Health and Safety Failings – Takeaway shop fined for employers liability insurance gap

Key Facts

  • A takeaway firm were prosecuted after failing to produce an employers liability certificate
  • The HSE wrote several times asking for proof of ELCI but received no information from the company
  • They were fined £2,000 plus costs

The Case

An HSE investigation was launched after a takeaway show failed to produce their ELCI (Employers Liability Compulsory Insurance) certificate.

The fire protection service alerted the HSE to the fact that the business did not possess the required ELCI. The HSE wrote to the company several times asking for proof of ELCI but no information was provided from the company.

The case was heard at Cheltenham Magistrates’ Court on 11 Jan 2016 where the takeaway firm was found guilty of failing to comply with Section 4(2)(b) of the Employers Liability Compulsory Insurance Act 1969. They were fined £2,000 and ordered to pay costs of £2,360.

What the law states

Section 4(2)(b) of the Employers Liability Compulsory Insurance Act 1969 states

Where a certificate of insurance is required to be issued to an employer in accordance with regulations under subsection (1) above, the employer (subject to any provision made by the regulations as to the surrender of the certificate) shall during the currency of the insurance and such further period (if any) as may be provided by regulations –

produce the certificate of insurance or a copy thereof on demand to any inspector duly authorised by the Secretary of State for the purposes of this Act and produce or send the certificate or a copy thereof to such other persons, at such place and in such circumstances as may be prescribed by regulations

 

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