§ Lord Laird
asked Her Majesty's Government:
Whether the 1972 Northern Ireland Order on Compensation (963 (NI 6)) applies to employees of Northern Ireland companies working outside Northern Ireland; and, if not, in what way those employees can be compensated for accidents if the relevant insurance company goes out of business. [HL3403)
§ Baroness Amos:
It is assumed that the question relates to the Employers Liability (Defective Equipment and Compulsory Insurance) (NI) Order 1972 published by the Health and Safety Executive for Northern Ireland. Guidance relating to that order states:You do not need employer's liability insurance under Northern Ireland law to cover any of your employees who are based abroad (eg if they are on secondment). However, you should check whether the law in the country where they are based requires you to take out insurance or take any other measures to protect your employees.If any of your employees are normally based abroad but spend more than 14 days continuously in Northern Ireland, or more than seven days on an offshore installation, you will need employer's liability insurance under Northern Ireland law.
An employee with a workplace-related claim under their employer's compulsory liability insurance or other insurance may be entitled to compensation under the financial services compensation scheme if their employer's insurer goes out of business.