1. a) Where practicable and reasonable on a site or job or in a shop, the employer shall provide an adequate lock-up or lock-up boxes where tools can be left at the owner's risk, provided always that the employer shall accept liability up to a maximum of £718 for any loss caused by fire or theft to tools properly secured by an operative in such lock-up or lock-up boxes and
b) Where an operative leaves clothing in accommodation provided by the employer as required by Section 2 of the Health and Safety at Work etc Act 1974 as applied to the Island, the employer shall be liable up to a maximum of £30 for loss of such clothing through fire.
2. a) Subject to the limits prescribed, the liability refers to the full extent of the loss to an operative in respect of a single incident of fire or theft.
b) Before the employer accepts liability for loss through theft, he is entitled to take reasonable steps to satisfy himself:
- that any tool for which the operative is claiming was in fact among those placed in the approved lock-up
- that, if the operative were absent on holiday or through sickness or injury at the time of the alleged theft, the operative had informed the employer that the tools had been left in the lock-up and
- that the tools were not only in the lock-up but in a box or bag secured either by some form of lock (eg padlock on a chain passed through eyelet holes) or by tight and thorough lashing
3. Before the employer accepts liability for loss through fire, he is entitled to take reasonable steps to satisfy himself that the tool(s) or clothing for which the operative is claiming had been in the appropriate place.
4. The arrangements for replacement of tools and Clothing shall usually be by mutual agreement but, where no agreement has been possible, the employer may require the operative to produce a receipted bill for the item(s) bought in replacement.
5. In recognition of the possible difficulty in obtaining insurance cover for such possible losses, the working of this Article leaves the responsibility to the employer as to how such losses should be covered.
6. At all times the operative shall take good care of his tools and personal property and act in a responsible manner to ensure their reasonable safety.
7. Other than the employers’ liabilities mentioned above in paragraph (1)
- It is not Government’s responsibility to insure the personal effects of employees, nor is the Government responsible for accidental damage or loss to employees’ personal effects.
- In certain cases, in the absence of any negligence on the part of the employer a Department may feel it wishes to make an 'ex-gratia' payment to an employee on a #without prejudice# basis which will contribute to the replacement cost of a damaged or lost article. This should be an internal departmental mater which will not involve insurers.
- In some cases, the circumstances in which an employee’s effects have been lost or damaged might suggest liability on the Department and in such circumstances the incident should be reported to the Government insurers under existing procedures. In such circumstances the employee will be treated as a member of the public and the claim will be registered as a Public Liability claim.
- Insurer’s treatment of the claim will depend on the specific circumstances in each case.
- Settlement of any claim will normally be dealt with on an indemnity basis (ie the value of the article at the time of loss or damage with due allowance for wear, tear and depreciation). A liability policy is not an 'All Risks' policy whereby a claim would normally be dealt with on a new for old basis similar to a Household policy.
Last Updated - February 2016