Better safe than sorry

WORKING WITH HORSES IS INHERENTLY HAZARDOUS, SO IT’S IMPORTANT FOR RIDERS AND GROOMS AND THOSE EMPLOYING THEM TO KNOW THE LAW CONCERNING SICK PAY AND RETURNING TO WORK. IT ALSO MAKES SENSE FOR BOTH PARTIES TO HAVE ADEQUATE INSURANCE COVER.

At one time or another, most employers in the equestrian world will face an issue concerning the illness of an employee, which might be complicated by the fact that they are selfemployed. The time might also come when the usiness needs to let staff go.

LEGAL MATTERS

GUY HOLLEBON OF HARRISON CLARK RICKERBYS

Are businesses required to off er sick pay?

Employers must pay Statutory Sick Pay (SSP) which entitles an employee to £95.85 a week and can be paid for up to 28 weeks.

ALL GROOMS WHETHER THEY ARE IN FULL-TIME EMPLOYMENT OR FREELANCE SHOULD CONSIDER PERSONAL ACCIDENT INSURANCE

What support is available if you are self-employed but unable to work due to sickness?

SSP is only available to employees but if someone is genuinely self-employed, they may be entitled to Employment Support Allowance.

What are the employee’s rights if they are no longer able to carry out their role – for example, breaking and schooling young horses – due to sickness or injury?

Inability to undertake the role they were employed to do can be a fair basis to dismiss an employee.

Much will depend on whether the employee meets the de nition of disa ility under the Equality Act 2010. If they do, they will be protected from less favourable treatment because of their disability and the employer may have to make reasonable adjustments which could include altering job duties.

Even if not disabled, an employee with more than two years’ service has the right not to be unfairly dismissed and an employer will need to consider when an employee is likely to return and whether any alternative employment may be available. An employee who is not disabled and has less than two years’ service can be dismissed without following any prior process, provided that they are given the correct period of notice under their contract.

What are the employee’s rights if a business or sector becomes no longer viable?

If a business is no longer viable and closes entirely then there will be a redundancy situation all staff will e entitled to their correct notice period and employees with over two years’ service will also be entitled to a redundancy payment. If the employer is insolvent and cannot pay these sums, employees can recover some or all of the money from the government insolvency fund. If a part of the business is no longer viable but other parts continue, the employer may need to consider whether alternative employment in the continuing parts of the business is available as an alternative to redundancy.

COVER FOR EMPLOYERS

SHEARWATER INSURANCE

What insurance do employers need for cover if their rider/groom is injured or taken ill at work and does this differ if the rider/groom is self-employed?

Whether an employer is employing staff on a full-time, part-time, occasional or freelance basis there is a legal requirement for the employer to obtain Employers Liability insurance. This policy must provide a limit of indemnity of at least £5 million and be sourced from an authorised insurer or broker. An employer may e ned up to , for every day that they are not correctly insured.

Is cover available for wages if the employer needs to take on another member of staff in their rider groom’s absence and still needs to pay their original employee?

a ing the a ility to pay staff in the e ent of accident or illness is a running cost that needs to be considered by any business and should be built into their operational contingency plan.

However, should a self-employed groom or rider have their own personal accident policy they may be able to make a claim for compensation when they are unable to work. This will be dependent upon individual policy wording and would be paid to the selfemployed individual rather than the employer.

Does business interruption insurance provide cover where the range of services that can be provided (e.g., lessons, clinics, horse sales) has been reduced by COVID restrictions?

Business Interruption insurance is designed to provide cover for loss of trading due to an insured period, such as being closed due to re or ood, or due to a forced closure such as access roads being closed. Most policies of this type will exclude claims that arise from any disease, fear of or threat of disease that is noti a le to the go ernment or local authority, or one that is declared a Public Health Emergency or International Concern by the World Health Organisation.

COVER FOR EMPLOYEES

LIZ CORDERY OF KBIS BRITISH EQUESTRIAN INSURANCE

What insurance should grooms take out for themselves to cover in the event of an injury or illness and does this differ if they are self-employed?

All grooms whether they are in full-time employment or working on a freelance basis should consider taking out personal accident insurance. All personal accident policies will differ and it is important to read the terms and conditions to understand exactly what cover you are purchasing. At I we offer oth our own personal accident policies as well as working with the British Grooms Association. ur own personal accident policy offers weekly payments if you are unable to work through illness or injury as well as providing lump-sum payments in the event of a serious injury, plus dental cover for treatment not provided by the NHS.

HAVING THE ABILITY TO PAY STAFF IN THE EVENT OF ACCIDENT OR ILLNESS IS A RUNNING COST THAT NEEDS TO BE CONSIDERED BY ANY BUSINESS AND SHOULD BE BUILT INTO THEIR OPERATIONAL CONTINGENCY PLAN

Can they claim against their employer if the injury takes place when riding or caring for a horse as part of their job?

Any employee has the right to make a claim for compensation from an employer if they are injured at work; however, to be successful you would have to prove that your employer had been negligent in some way and they had failed to ful l their legal duty of care.

Can grooms protect their income if they are off work for a long period and or laid off or put on restricted duty due to their injury or illness (for example if someone has a badly broken leg and can return to work but not ride young horses or not ride at all)?

The KBIS standalone personal accident policy can pro ide wee ly ene ts if you are signed off y a medical practitioner as un t to work. There is an excess period which means if you are injured you will not be able to claim for the rst two wee s that you are una le to work and for an illness you will not be able to claim for the rst three wee s, howe er if this is a serious incident or illness then the ene ts will be paid for up to two years. he ene ts are only paid if you are entirely’ un t for wor so if a doctor has said that you can return to work in any capacity the ene ts payments would stop.