Our rules require all general insurers to notify us if they have any actual or potential liability for UK commercial lines employers’ liability claims. If they have such liability, they are required to produce an employers’ liability register (ELR).
The register aims to help consumers by changing the way employers’ liability information is recorded. This would help those who are trying to establish the insurer for their employers’ liability claims.
Notification requirements and template
All insurers and Lloyd’s managing agents that are managing syndicates with permission to carry out general insurance contracts in the UK are required to notify us under ICOBS 8.4.6. This includes:
- UK branches of insurers based outside the European Economic Area (EEA)
- EEA firms passporting into the UK through a branch or cross border
Firms must notify us within one month of any change in notification information under ICOBS 8.4.11 R (1). This information must be approved and signed by a director of the firm.
Firms that have actual or potential liability must make their ELRs available, either on their website or using a qualifying tracing office. Firms have three months from the date that a policy is issued, renewed or a claim is made to include details of the policy on their ELR. Full details are shown in the transitional provisions (ICOBS TP 1).
If your firm is required to notify us or wishes to change its notification information, please use this template.
Director’s certificate and auditor report
Firms required to produce an ELR under ICOBS 8.4.4(1)(a)) must obtain and submit their first director certificate and auditor report to the FCA.
Please submit the information required either by:
- email: [email protected], or
- post: Data Services, Financial Conduct Authority, 12 Endeavour Square, London, E20 1JN
There is no specific template that firms should use, but please include:
- the FCA Firm Reference Number (FRN)
- Firm Name of the firm
- the basis of the directors’ certificate (ie, properly prepared, materially compliant, or not materially compliant), and
- the basis of the independent auditors’ report (ie, prepared on a limited assurance basis (and whether this is qualified or unqualified) or using agreed upon procedures)
We expect your firm to keep us informed if they are not fully complying with our requirements.
Requirements for firms to conduct effective searches of their records
We require all firms that may have employers’ liability insurance to conduct effective searches of their records when they receive a request from individuals, their representatives, employers, insurers, intermediaries or a qualifying tracing office. This is to help consumers who have contracted work-related illnesses, but because of the lapse of time are unable to trace, or are experiencing difficulty in tracing, the appropriate insurer or insurers to direct their claim.
Specialist tracing offices
For information about tracing offices whose directors have stated publicly that they meet our qualifying conditions in all material respects, please see our consumer page on employers’ liability insurance.
FCA list of insurers
Our list of insurers helps consumers identify, and contact, insurers who may be liable for their employers’ liability claims. This lists all general insurers including those for which notification is still pending or the information notified is pending further enquiry.
If you believe any of the information in this list to be incorrect, please email us immediately at [email protected] and we will update your details.
Our approach to supervising employers’ liability insurers
We require all employers’ liability insurers to provide an annual directors’ and auditors’ certificate of compliance. If we receive a declaration of non-compliance we will refer the matter to our Supervision Division, who will decide on the appropriate next steps. Employers’ liability tracing rules are included in our supervisory framework and the process will apply to all employers’ liability insurers (whether Employers’ Liability Tracing Office (ELTO) members or not) and regardless of size.
If we become aware that a firm has been banned from ELTO membership because it does not comply with ELTO’s own requirements, we would view this as a trigger for further investigation.