Rules and ethics
Windsor Framework and Northern Ireland business insurance: the 1969 Act, 1972 Order, FCA register and cover checks
The Windsor Framework changes customs, not insurance law. Named rules apply: employers' liability in GB and Northern Ireland, fair presentation, FCA register.
What to take away
- The Windsor Framework sets customs lanes for goods moving between Great Britain and Northern Ireland. It does not rewrite insurance contracts.
- Employers' liability is governed by one law in Great Britain and a different Order in Northern Ireland.
- The minimum cover is £5 million in both, so staff in each place need their own check.
- Driving a UK-insured vehicle into Ireland does not need a green card.
- Check every insurer and broker on the FCA register before you sign.
What the Framework changes, and what it does not
The Windsor Framework establishes a new set of arrangements for the movement of goods between Great Britain and Northern Ireland. To use the green lane, traders must be authorised under the UK Internal Market Scheme.
Goods not moved under that scheme use the red lane and keep the information requirements that apply to movements into the EU. A free Trader Support Service helps with either lane.
Those are customs rules, not insurance rules. What changes is your risk profile: where goods travel and who holds them. That is what an underwriter prices, so describe your routes accurately in the market entry checklist.
Named rules that apply to a Northern Ireland business
The table sets out the law and bodies behind each insurance question.
| Question | Named rule or body | What it provides |
|---|---|---|
| Employers' liability in Great Britain | Employers' Liability (Compulsory Insurance) Act 1969, section 1 | Employers carrying on business in Great Britain must insure against injury to employees |
| Employers' liability in Northern Ireland | Employer's Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972, article 5 | Employers carrying on business in Northern Ireland must insure against injury to employees |
| Guidance for Northern Ireland employers | Health and Safety Executive for Northern Ireland (HSENI) | Minimum cover of £5 million, annual renewal, certificate displayed |
| Disclosure to the insurer | Insurance Act 2015, section 3 | Duty of fair presentation of the risk before the contract is entered into |
| Is the insurer authorised? | FCA Financial Services Register | Public record of authorised firms |
| Disputes | Financial Ombudsman Service | Complaints from small businesses about business protection insurance |
| Motor cover in Ireland | GOV.UK Driving in the EU | No green card needed |
Employers' liability on each side of the Irish Sea
Under section 1 of the 1969 Act, every employer carrying on any business in Great Britain must insure and maintain insurance with an authorised insurer. The Northern Ireland rule sits in 1972 Order article 5, which covers every employer carrying on any business in Northern Ireland.
For Great Britain the minimum is £5 million, and the fine is £2,500 every day you are not properly insured. That guidance excludes anyone based outside England, Scotland and Wales, so Northern Ireland staff need a separate check.
In Northern Ireland the minimum is also £5 million, though many insurers give a minimum of £10 million. You must renew each year and display a valid copy of the certificate where employees can read it.
Ask your broker to confirm in writing which regime applies to staff in each place. The basics are in employers' liability insurance.
Territory, disclosure and the FCA register
Many liability wordings carry a territorial limit, so ask which territories and courts the policy accepts. Compare that wording across public liability insurance quotes, not only the premium.
Before a contract of insurance is entered into, the insured must make a fair presentation of the risk, under section 3 of the Insurance Act 2015. Selling into Northern Ireland, buying there or moving goods through it are facts to put in front of the insurer.
Check who you are dealing with. Nearly all financial service activities must be authorised or registered, and the FS Register is a public record of firms that are, or have been, authorised. Use it before you buy through any broker. A single commercial combined insurance policy can then be compared against separate covers.
Cargo, motor and complaints
Cargo cover is a matter of wording rather than law. Name the delivery address and the handover point, and ask whether delay is covered. For a regular route, compare quotes with the same route facts in each.
Motor cover for Ireland is simple. You do not need to carry a green card when you drive in the EU (including Ireland), and all UK vehicle insurance provides minimum third party cover there. See driving in the EU for the current wording, and ask the insurer for written confirmation of cover for your own vehicle.
If a claim goes wrong, small businesses including companies, sole traders and partnerships can complain to the Financial Ombudsman Service about business protection insurance. You first make a formal complaint to the company. If there is no final response letter within eight weeks, or you are unhappy with it, you can bring it to the ombudsman. Keep the wider UK regulations file beside the policy.
Renewal checklist before you sign
- Confirm which employers' liability law applies to staff in Great Britain and in Northern Ireland.
- Check the insurer and broker on the FCA register.
- Confirm the territorial limit and the courts accepted on liability sections.
- Check that cargo cover runs to the final delivery address.
- Record the lane used for each movement, green or red.
- Get motor cover for Ireland confirmed in writing.
- Put your trading pattern in front of the insurer in full.
Common questions
Does the Windsor Framework change insurance law?
No. The lane rules concern customs and goods movement. Treat the effect as a change to your risk facts, such as routes and markets.
Do I need a green card to drive to Ireland?
No. You do not need to carry a green card when you drive in the EU (including Ireland).
Which employers' liability law covers my Belfast staff?
The Northern Ireland Order of 1972. The 1969 Act covers business in Great Britain.
