You are required by law to have Employers' Liability insurance for people whom you employ under a contract of service or apprenticeship. Whether you need Employers' Liability insurance for someone who works for you depends on the terms of your contract with them. This contract can be spoken, written or implied. It does not matter whether you usually call someone an employee or self-employed or what their tax status is. Whether you choose to call your contract a contract of employment or a contract for services is largely irrelevant. What matters is the real nature of your relationship with the people who work for you and the nature and degree of control that you have over the work they do. The following paragraphs may help give you some indication of whether or not a person is an employee under the Employers' Liability (Compulsory Insurance) Act. However, it is for you to satisfy yourself of the status of the persons working for you and if you have any doubts, you should seek legal advice. You may need Employers' Liability insurance for someone who works for you where:
you deduct national insurance and income tax from the money you pay them;
you have the right to control where and when they work and how they do it;
you supply their work materials and equipment;
you have a right to any profit your workers make although you may choose to share this with them through commission, performance pay or shares;
you require that person only to deliver the service and they cannot employ a substitute if they are unable to do the work; or
they are treated in the same way as other employees, for example, they do the same work under the same conditions as someone else you employ
We do require parental permission to be obtained upon admission to the course. You do not need to update this, unless the student leaves for an extended period of time. This can be in the form of an email, signed consent form or an online tick box followed up by a phone call.
You are not required by law to have Personal Accident insurance. This cover is designed to cover yourself for if you are injured during a class and cannot teach. You may want to include this cover for your employees, if you would have to cancel classes if they were to be injured. For example, if you injure yourself on Monday and have to cancel your classes for the rest of the week, you will not be paid for that week. This cover will provide you up to £50 a week until you are able to teach again. Please see our ‘Personal Accident Explained’ section for more information. You do not need this insurance to cover your students.
There is no limit to the amount of students you can teach. However, the amount of students should be controlled by the ratio of adults to children (please read the question about the adult to children radio).