Updated 26 May 2020
In light of the government’s recent announcement that nurseries can begin to plan for re-opening from the 1 June 2020 (at the earliest), please find below answers to the common questions we are currently being asked in relation to insurance cover:
Will my insurance cover continue to operate as normal if I re-open from 1 June?
Yes. Provided you are working within the published government guidance (including that you should not re-open before the 1 June 2020) then your insurance cover will continue to operate as normal on the existing terms and conditions.
What steps should I take in planning to re-open my nursery?
As set out in the published government guidance you should carry out a risk assessment at the setting before opening. The assessment should directly address risks associated with coronavirus, so that sensible measures can be put in place to control those risks for children and staff. Remember that all employers have a duty to consult employees on health and safety and they are often best placed to understand the risks in individual settings.
Please keep a record of your risk assessments and ensure that these are regularly reviewed to ensure they remain current and that adequate measure are in place at all times.
What help is available to assist me in completing risk assessments?
The government has published specific guidance on implementing protective measures in education and childcare settings. This can be found here.
Help is also available from the Health and Safety Executive (HSE) website here. Available resources include risk assessment templates you can use, examples of completed risk assessments and general guidance.
You can also contact our free legal helpline for advice on matters affecting your business, including employment or contract issues. The helpline is available 24 hours a day, 7 days a week on 0333 000 7920. Remember to have your policy number to hand when calling.
I am not re-opening fully from the 1 June and will continue to just care for vulnerable children and the children of key workers. Will my insurance continue to operate?
Yes. If you are providing care for the children of key workers, as identified by the Government, then your policy will continue to operate as normal on the existing terms and conditions.
My nursery is currently closed due to Covid-19 and I am not planning to re-open for the 1 June. How will my insurance cover be affected?
Where premises are being temporarily closed solely to the Covid-19 outbreak your insurers, Ecclesiastical, will maintain full cover on the basis of your current policy terms and conditions, at no extra cost to you, and with no increased terms or excesses until 30 June 2020.
The extension of cover is detailed within the Temporarily Closed Premises Condition which also sets out appropriate risk management practices that should be followed as far as is possible in the current circumstances. Just to be clear, the suggested risk management measures are not provisos to your insurance cover, they are suggested practices only. Full details of the Temporarily Closed Premises Condition (and Ecclesiastical’s full statement on the temporary cover enhancements to your insurance policy) can be found here.
The extension of cover does not apply to premises that:
- Were unoccupied before the outbreak or
- That close down permanently
These premises will be deemed unoccupied as defined in the policy and be subject to the normal unoccupied premises terms and conditions as set out in your policy.
Am I covered if my staff bring their children to the nursery so staff can continue to work?
Your policy will continue to cover you in this situation provided this is acceptable to Ofsted and you are working within their rules/guidance. Please ensure you complete a risk assessment before agreeing to allow children of staff on site. Find our guidance on risk assessments here.
Am I covered if I offer other types of services (nanny/babysitting etc.)?
Our policy is only designed to cover your activities as a day care nursery. We are not able to extend cover to allow you to provide any other services such as nanny/babysitting in parents’ homes or other locations.
Am I covered under my policy if my employees conduct administration work from home?
Subject to the terms and conditions of the policy, both Employers’ and Public Liability covers provide an indemnity to the policyholder if they are held legally liable for accidental bodily injury or illness arising in connection with their business. The policy will therefore extend to protect employees working in connection with the business whilst anywhere within the stated geographical limits (England, Scotland, Wales, Northern Ireland, Channel Islands and the Isle of Man), including whilst working from home.
Liability: health and safety – resources for employers are signposted by the Health and Safety Executive on their latest information and advice page. As organisations look to different working models for continuity, they also have useful guidance on homeworking and working alone.
Contents at employees homes – with regards to any business equipment taken home, cover will be provided for business equipment away from the premises – as per cover extension 16 to the Property Damage cover (page 31 of the policy wording). Please bear in mind that there is a limit of £2,500 for any one item and £5,000 for any one claim.
What is your position on cover for Covid-19?
Please see our statement which is available here.
What support are you offering nurseries?
Please see our statement which is available here. It details the various services you can access as part of your policy, along with a link to the packages available from the Government.
To read the Employment FAQs from our legal expenses provider ARAG and their solicitor partner, Ashfords, please click here.
If you have any other questions, please email our Nursery Support Team by clicking here.