employment practices liability insurance

Summary

The requester asked for information on employment practices liability insurance for Department for Enterprise agencies and related legislation. The authority disclosed that executive agencies have such coverage via a Zurich policy but confirmed no information exists regarding legislative amendments to mandate this insurance.

Key Facts

• Executive agencies (Digital, Business, Financial, Visit) have Directors' and Officers' insurance that includes Employment Practice liability cover.
• The insurance policy is provided by Zurich.
• The cover protects agencies against financial loss from employment claims made during the insurance period.
• The Department holds no information on considering or implementing employment practices liability insurance through employment legislation.
• The agencies have boards with external stakeholders acting in a non-executive capacity.

Data Disclosed

• 2539625
• 2022-07-19
• 2022-07-27
• 2 August 2022
• 01624 686400
• IM1 1EX

Original Request

please release any and all information related to consideration and implementation of employment practices liability insurance in relation to (a) each arms length department office agency etc and (b) employment legislation

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator 1st Floor, St Georges Court Upper Church Street, Douglas Isle of Man IM1 1EX

Telephone: (01624 686400) Website: https://www.iomdfenterprise.im/

Our ref: 2539625 2 August 2022

Dear ###,

We write further to your request which was received on 19 July 2022 and which states:

"please release any and all information related to consideration and implementation of employment practices liability insurance in relation to (a) each arms length department office agency etc and (b) employment legislation" We requested clarification on your request: Question we asked: In particular, it would be helpful to know: Are you seeking information on the extent to which DfE is covered by employment practices liability insurance? In part (a) of your request you refer to 'each arms length department office agency'. We are unsure what this means. Does this mean that, in addition to the information on employment practices liability insurance for DfE, you would like any information on the extent to which any arms-length bodies, agencies or boards for which DfE is responsible are also covered by employment practices liability? In part (b) of your request you refer to 'employment legislation'. Again, we are unsure what this means. Does this, for example, mean you would like any information on what sort of employment legislation claims are covered by such insurance? Or does this mean you would like any information on whether consideration has been given to requiring employers to have employment practices liability insurance in law?' Your response: (a) i was thinking specifically the arms length executive agencies -- digital, finance, business, visit (tourism) -- and public records office and registries .... do they have separate arrangements re insurance? i am aware of whistleblowing issues in such wider parts of DfE

(b) yes, any amendments to the law to extend employers liability to include employment practices liability insurance given I have what amounts to dishonoured employee indemnification for reported concerns (not the same issue or solution as the already shortlisted vicarious liability) Our response: a) The Department’s executive agencies, Digital, Business, Financial and Visit, whilst not being true arm’s length bodies do have boards consisting of external stakeholders who act, on a voluntary basis, in a non-executive capacity. As these boards are not subject to the normal Statutory Board arrangements and therefore would not be subject to the same level of cover as the Department or Statutory Board, particularly those in a non-executive capacity, it was considered appropriate that a “Directors’ and Officers’” insurance policy should be in place to protect these board members from public or government legal actions. This insurance policy covers the normal liability aspects, but additionally provides Employment Practice liability cover for the Agencies. The Employment practice liability insurance covers against financial loss of the agencies in respect of any employment claim made against the Agencies during the insurance period. The overall policy is provided by Zurich and the EPL cover section is provided at Annex A for information. This document is attached. b) The Department holds no information related to the consideration and implementation of Employment Practice Liability Insurance through employment legislation. Please quote the reference number 2539625 in any future communications.

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I will now close your request as of this date.