Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Liability insurance definition

What does Liability insurance mean? Insurance that protects businesses against civil liabilities to third parties, including, in the case of employers’ liability insurance, claims by employees for work-related injury or disease. It is a market term used across multiple legal contexts rather than a single statutory definition, though particular classes are regulated by legislation (notably compulsory employers’ liability). Common forms include public liability, products liability, employers’ liability, professional indemnity and directors’ and officers’ (D&O) liability. Cover typically indemnifies damages, claimant’s costs and defence costs, subject to an indemnity limit, excess and standard exclusions (for example, deliberate acts, assumed contractual liabilities and pollution unless endorsed). Liability policies...

Employers’ Liability and Insurance: Duty of Care, Statutory Framework, Coverage, Claims, Limitation, Third-Party Rights and Risk Management

Published by a LexisNexis Insurance & Reinsurance expert

Practice notes

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Overview

The consequences of breaching health and safety duties at work often include the prospect of paying financial compensation to the claimant or, where relevant, their dependants. This liability usually stems from actions brought in the civil courts or the threat of such proceedings. In addition, the Health and Safety Executive (HSE) holds various enforcement powers over employing organisations, including the issue of prohibition or improvement notices. Under the Health and Safety at Work Act 1974 (HSWA 1974), breaches can also result in criminal liability, with potential sanctions for both individuals and companies ranging from fines to, in serious instances, imprisonment.

The employer’s duty of care

The employer’s duty of care owed to employees is firmly established and requires no further examination. This duty arises in two ways—at common law (negligence) and under statutory regulation. Statutory oversight of workplace safety has existed for almost two centuries. The first safety-specific statute was the Factories Act 1844, which required the guarding of mill gearing and banned the cleaning of machinery while it was in motion. Modern health and...

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Jacqui Bickerton

Solicitor, Weightmans

Jacqui Bickerton is a Market Affairs Specialist at Weightmans LLP, with over 35 years’ experience across insurance litigation, knowledge leadership and market-facing legal insight. Based in Liverpool, she works within the firm’s Client Management function, translating legal, regulatory and societal developments into practical guidance for insurers and claims professionals.Jacqui began her career as a practising solicitor specialising in insurance litigation, with a particular focus on complex and high value claims, including fraud, large loss casualty and multi party disputes. Over more than two decades in practice, she worked closely with insurers on claims strategy, risk management and emerging liabilities, developing deep technical expertise that continues to underpin her work. Around twelve years ago, Jacqui moved into knowledge management, supporting lawyers and claims teams through horizon scanning, training and thought leadership on legal and claims developments. More recently, she...

Web page updated on 21/05/2026

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