Just taken this from another site and is quite clear in my opinion
Who do I need employers liability insurance for?
You need to take out insurance for all your employees. This is usually straightforward but if you have self-employed people working for you on a regular basis they may be covered too. Their tax status or job title is irrelevant. What matters is the real nature of the relationship you have with them and the degree of control you have over the work they do.
There are no definite rules, but the following should help you work out whether or not someone is an employee for the purpose of employers liability insurance:
You will need employers liability insurance if some or all of the following statements apply:
You deduct National Insurance and tax from the money you pay them
You have the right to control where, when and how they work
You supply most materials and equipment
You have right to the profits and suffer the losses your worker makes
You hire that person to do the job and the cannot send a substitute in their place
They are treated as other employees, eg they enjoy the same terms and conditions
You will not need employers liability insurance if some or all of the following statements apply:
You do not deduct tax or National Insurance (though this alone is not conclusive proof)
They do not work exclusively for you
They supply most of the equipment and materials they need to do for the job
They are clearly in business for personal benefit
They can employ a substitute when they are unable to do the work themselves
You normally don’t need to insure volunteers but you will need cover for students working unpaid, participants taking part in a youth or adult training programme or a school student on a work experience programme. If this applies to you, inform your insurance company and consider taking out insurance as they may be classed as employees.
You only need to insure domestic help such as gardeners and cleaners if they work exclusively for you. If they have more than one client you are probably exempt.
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