Skip to main content

Unison Bedford Hospital Branch 01427

Professional Indemnity Insurance Notes

By
Wednesday, October 25, 2017

CLICK HERE TO DOWNLOAD FACT SHEET

Professional Indemnity

 

UNISON does arrange professional indemnity insurance for our health and care members (such as yourself) as part of the union’s membership benefits. However, it is what is known as a ‘contingent’ policy which means that you must first and foremost be indemnified by the organisation you work for (under what is known as a ‘frontline’ cover) in order for there potentially to be cover under the ‘contingent’ policy. 

Our policy provides a valuable benefit to you in the event that a relevant contingency occurs which prevents the ‘frontline’ cover providing you with an indemnity, for example where the organisation you work for refuses to recognise their vicarious responsibility for your actions.  Of course (like any insurance policy), our ‘contingent’ cover is subject to detailed terms and conditions that would need to be considered in the event of a claim being made.  You must contact us immediately in the event that a claim is made or threatened, or even if you are only aware of circumstances which might result in your needing to call upon our policy at some point in the future.

As it is a requirement that you have ‘frontline’ cover provided by the organisation you work for, it is important you understand that:

·         Our ‘contingent’ cover applies to all your work for an NHS body (such as an NHS Trust).  This is because NHS bodies provide ‘frontline’ cover for all staff including agency staff.

·         Our ‘contingent’ cover does not apply to any other work if you are self-employed or have set yourself up as a limited company (‘Ltd’).

It is also important you appreciate that it is essential when you do not work for an NHS body, for example when you work for a General Practice (‘GP’) or private body such as a nursing home, that the organisation you work for provides professional indemnity cover for you. We recommend that you ask them to do so and, if they refuse, to explain why they do not provide professional indemnity cover to those in your position.

However, if they still will not provide professional indemnity cover for you, you or your agency will need to arrange you own professional indemnity insurance and you will need to provide your agency with proof when it is you that has done this. To be clear, you will not be able to use your UNISON membership as proof of having professional indemnity insurance in place (as you cannot rely on the existence of our ‘contingent’ policy when there is no ‘frontline’ policy).  UNISON’s position, in this situation, is that we would expect your agency to agree to arrange professional indemnity cover on your behalf at their expense.

 

The important part to highlight is that his unison cover can not be proof of PI as it is contingent on them having frontline cover. They would need to provide proof of their frontline cover to the agency.

 

PI VOLUNTARY Work

 

Member is undertaking independent voluntary work with external organisation Healing Little Hearts. Member will be in India from 02/09-09/17 working as a scrub nurse. Member would like to know if Unisons indemnity insuarance will extend to cover this trip.

 

Response  

 

Member would not be covered. Our insurers effectively treat independent voluntary work as self-employed and if the volunteer location take out their own cover then they would effectively become the employer of the volunteer (so in this case, their insurance would cover), if they do not take out their own cover, Mary would need to source her own cover.  In any case, the UNISON policy is contingent, not front line, so our cover only ever comes into force if the front line insurance (either provided by the employer, or by the person themselves if self employed) fails in some way.

 

 

Further Guidance on voluntary work issued 5/9/17:

 

 

The charity or other organisation organising the volunteering must provide its own indemnity insurance for health professionals acting in voluntary roles in order for UNISON’s contingent insurance to apply. If it does not it is likely you will not be covered by UNISON’s insurance.

 

UNISON’s indemnity insurance is contingent insurance designed to apply if the insurance of an employer (or of someone who is self-employed) fails in some way.

 

If the provider of the volunteering opportunity – the charity or NGO - takes out their own front-line cover for volunteers then UNISON’s contingent insurance would apply

 

If the provider of the volunteering opportunity does not take out their own cover you will need to source you own frontline cover, in the same way you would if you were self-employed. If you do this, then UNISON’s contingent insurance is likely to apply.

 

Of course, like any insurance policy, our contingent cover is subject to detailed terms and conditions that would need to be considered in the event of a claim being made.  You must contact us immediately in the event that a claim is made or threatened, or even if you are only aware of circumstances which might result in your needing to call upon our policy at some point in the future.”

Reader Comments (0)

There are currently no comments on this article. Why not be the first and leave your thoughts below.

Leave Your Comment

Please keep your comment on topic, any inappropriate comments may be removed.

Return to index