Injuries and damage to or loss of property during work-related learning are quite rare but it is important for schools and colleges to ensure appropriate insurance arrangements are in place, particularly for students on work experience placements and workplace visits.

The main risks are:
• injury to:  students; others on the premises (employees, visitors, customers, etc); others who are not on the premises (including customers and members of the general public);
• damage to, or loss of, property belonging to: employers; and others (e.g. students, customers).

Guidance is available in the government's ‘Safeguarding Children and Safer Recruitment in Education’ document. 

The good news is that these main risks should be covered by normal employer insurance arrangements. Most employers carry insurance policies that cover most risks arising from work experience and other visits, provided that the work experience is in accordance with the normal business practices of the employer. Any injuries caused to employees or students, provided they arise out of activities undertaken in the employer’s name, should normally be covered by the employer’s Public Liability policy or Employer’s Liability policy.

Damage to the employer’s property may be covered by the employer’s material damage policy. Damage to anyone else’s property on the premises should normally be covered by the employer’s Public Liability policy. Schools and colleges should nevertheless satisfy themselves that work-related learning activities involving employers are checked for insurance
issues – suitable and sufficient insurance cover should never be assumed.

Insurance and work experience
The range and level of insurance cover provided by schools themselves and/or local authorities varies widely. All local authorities should all have insurance policies to cover negligence on the part of their own employees. They may also have personal accident insurance to cover accidents to students when they are on work experience where no negligence can be proved. The Association of British Insurers (ABI) has issued the following guidelines:

1. The principal risks, which may arise as a result of work experience and other visits are:
a. Injury to the students themselves;
b. Injury to others on the premises (employees, visitors, customers, etc);
c. Injury to others who are not on the premises (including customers and members of the general public);
d. Damage to, or loss of, employers’ property;
e. Damage to, or loss of, other property (e.g. the student’s or a customer’s property).

2. Most employers will carry insurance policies that cover most risks arising from work experience and other visits, provided that the work experience is in accordance with the normal business practices of the employer. Employers’ Liability insurance covers the employer’s liability in respect of work-related injuries to employees. This insurance is compulsory by law. More guidance on employers' liability is available from the Health & Safety Executive.

3. Policies must provide cover of at least £5 million per occurrence, although most policies cover up to £10 million. Policies normally cover all conventional employees, contract, casual and seasonal staff as well as temporary staff, including workplace students. Public Liability insurance provides cover for injuries to the public or damage to, or loss of, their property. The term ‘public’ means anyone other than an employee, so it includes students on work experience, volunteers, activity participants, spectators and visitors. Typically, policies offer cover of between £2 million and £5 million.

4. The Association of British Insurers (ABI), the British Insurance Brokers Association (BIBA),
and Lloyd’s of London have agreed that, as a matter of convention, students of work experience placements should be treated as employees for the purposes of insurance against bodily injury (that is, they will always be covered by the Employers’ Liability policy).

5. Student injury arising from other visits would normally be covered by the employer’s Public Liability policy. Any injuries caused to employees by students on work experience should normally be covered by the Employers’ Liability policy.

6. In summary, any injuries caused to employees or students, provided they arise out of activities undertaken in the employer’s name, should normally be covered by the employer’s Public Liability policy or Employer’s Liability policy.

7. Damage to the employer’s property may be covered by the employer’s material damage policy. Damage to anyone else’s property on the premises should normally be covered by the employer’s Public Liability policy.

Notification of Risk
8. Employers should notify their insurers of the sorts of activities which students will undertake if those activities are onerous or different from the normal business activities of the employer. In these circumstances employers should make sure they obtain written confirmation that the risk has been accepted.

Placements lasting longer than two weeks
9. There has been some concern that employers’ insurance policies may not cover students on longer work placements. The agreement referred to above (Para. 3) was based on the assumption that placements will last for about two weeks. However, in the light of new measures to motivate disaffected young people through extended work experience, the Department for Children, Schools and Families (DCSF) contacted the ABI to discuss the insurance implications of longer placements. The ABI has confirmed that there should be no problem with extended work experience placements.

10. Longer attachments, including those associated with NVQs or GNVQs, will inevitably call for more detailed information. In those cases, employers are advised to submit all the details set out in the form shown at Annex A of the DCSF guidance (although whether or not the form itself is used is a matter for the employer). Even if the activity is likely to be recurring, it should be enough to inform the insurer on one occasion. There may be some adjustment to premiums, but it is still likely to be very small in relation to the overall size of the premium.

11. Work experience organisers are not expected to check the fine print of employers’ insurance policies but they should check, in broad terms, that relevant cover is in place. Organisers are recommended, in advance of placements, to ask employers to complete the checklist reproduced at Annex B of the DCSF guidance,or an equivalent.

For more information about insurance see:
• ‘Work Experience: A guide for secondary schools’ (SPD/WES/01/02/02)
• ‘Work Related Learning and the Law’ (DfES/0475/2004)
• ‘Work Experience and the Law: the essential guide for central organisers, employers, schools and colleges’ (Anthony Johns with Andrew Miller)