Our rules require all general insurers to notify us if they have any actual or potential liability for UK commercial lines employers’ liability claims.
Insurers with this liability are required to produce an employers’ liability register under ICOBS 8.4.4(1)(a).
The register aims to help claimants find the insurer responsible for their employers’ liability claims.
These registers must either be available on the insurer's website or the insurer may arrange to make the information available on a tracing office's website. Many firms use the Employers' Liability Tracing Office (ELTO)[2].
The ELTO may be able to help claimants tracing their employer’s liability insurance details to find the right insurer.
You can search the ELTO’s records to try and find your employers’ liability insurer. Use the ‘Search now’ button on the ELTO homepage[2].
Find more via our consumer information on employers’ liability insurance[3].
Director’s certificate and auditor report
Firms must obtain their director’s certificate and auditor report on an annual basis by 31 August each year per ICOBS 8.4.7AR and ICOBS 8.4.7BR, covering the period of production of the register from 1 April to 31 March.
Firms don’t need to submit these documents to us but – if they aren’t materially compliant – they must consider whether this amounts to a significant breach requiring FCA notification.
See our guidance at SUP 15.3.12G and to ICOBS 8.4.7 & 8.4.7 AR-ER.
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.
