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COVID 19 – Latest Update

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Supporting our Members through COVID 19 – UPDATE 7

We hope that you are all keeping safe and well and managing to resume businesses and activities or looking to the future with plans to restart.

Just a gentle reminder to ensure you have the correct Public Liability cover in place before you resume activities, email the team on [email protected] if you have any queries.

Keeping everyone safe

We wanted to remind all AIM Members that whilst we have eased from the initial lockdown there are still some restrictions in place and everyone must ensure that they are adhering to current Government guidelines to keep staff, visitors, and participants safe.  Notably to maintain the social distancing required and the hygiene and sanitisation of equipment.  We believe that this will significantly reduce the spread of the infection and any possible suggestion that a person has caught the infection whilst on your site or doing your activity.  Unfortunately, we have all come across instances where people have breached the rules whilst out and about, whether that be in public spaces or whilst shopping.  The team here are available if you have any concerns or queries about Risk Assessments related to COVID 19.

Business Interruption

The FCA test case has concluded and we await the Court’s ruling.  This is expected in September and we will update Members as soon as we have any further news.

Zoom meetings

Thank you to all of you who have attended the Zoom calls.  These have proved popular and there are planned meetings for the following dates.

Wednesday 9th September 17.30 – Co-hosted with Sam Sutton of New Forest Activities

Wednesday 16th September 17.30 – General catch up

Please let Cath Watson know if you would like to attend on [email protected].  If you have any suggestions for other topics, then please do let us know.  The Mutual is here for its Members so please tell us what you would like!

Claims

We know that many of our Members have resumed activities either fully or partially, therefore, please ensure that you notify us promptly if any accidents or incidents occur.  Even where there does not appear to be any failure or negligence on your part, it is important that we can work with you to investigate and if possible head off any potential formal claim.  With the financial difficulties faced by so many, unfortunately this can give rise to spurious accidents and claims as a way of seeking money.  We want to protect you all against such issues, so please ask if you have any concerns or need any pointers for risk management.  Our Mutual Manager, Sophia, and Account Executive, Ralph would be happy to assist with this so please contact them at [email protected] or [email protected].

If you are adhering to Government guidelines then it is unlikely that you will receive a claim that a person contracted the infection whilst on your premises, or whilst taking part in your activity. For a claim to succeed, the person would need to demonstrate that they did not contract it anywhere else.  With pubs, shops and restaurants now open, we envisage that this will be more difficult to prove.  Please be aware that if you do receive a claim, specifically for COVID 19 related issues, the Mutual’s supporting insurers have excluded any cover from the Public Liability section of your cover.  This means that we would not deal with any claim under the Public Liability cover and you would need to defend or settle the claim yourself; the cover would not respond to provide payment of any fees or claim.  We have seen this being excluded throughout the insurance industry as a result of the pandemic.  Unfortunately we have been unable to change this exclusion for AIM Members.

If you do receive a complaint or allegation concerning COVID 19 related issues, please inform us in the usual way, using the contact information below.  Wherever possible, we will assist you with developing a suitable response, including providing you with a template response letter.

For all incidents and claims, please contact the Claims team as follows:

Phone: 01892 888 475

Email: [email protected]   

We hope that you are all keeping well and if you have any queries or concerns do get in touch.  Thank you for your support of AIM.

Please join our closed Facebook group https://www.facebook.com/groups/798451153625523/

Or follow us on LinkedIn https://www.linkedin.com/company/activitiesindustrymutual/

The AIM Team

 

Focus on: Cycling

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Freelance Instructors and Public Liability Insurance

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When do freelance instructors need their own public liability insurance?

A member asks:-

“I had a request for information on instructor insurance yesterday, which had me scratching my head. It seems that a few local authorities are now requiring any freelancers who work for them to carry their own insurance, specifically covering all activities they may be employed to deliver. I don’t know what is driving this policy, but it strikes me that this could be placing a significant financial burden on freelancers, many of whom are paid minimum wage for their work.

Are you aware of any related legalities? For example, could it be related to the fact that the freelancers are self employed?”

AIM’S Response:-

“We’d say that from our standpoint, what it comes down to is: whose programme is the freelance instructor delivering in terms of its content and delivery?

If, for example, it’s the centre’s or provider’s programme, the freelance instructor would be acting as a “labour only” subcontractor and the centre would be liable for the standard of delivery and the content of the activity. The centre is vicariously liable for the actions of its self employed instructors delivering its programmes, whether or not the freelance instructors have their own personal public liability insurance.

If, however, the instructor is delivering his or her own programme outside the control of the centre or provider, it may be an activity that they don’t deliver – let’s say pony trekking – it’s the freelance instructor’s programme and he or she would be regarded as a “bona fide” subcontractor (BFSC). If, for example, the booking had been made through the centre, it would be recognised that the self employed or freelance instructor is responsible and liable for the content and delivery of the activity and the centre’s responsibility would be to ensure that the BFSC is competent and has his own public liability insurance.

Responsibility and liability aspects are entirely separate from any tax standpoint. Further information is available on line from HSE guides and “insurance expert’s” blogs”.