Recruitment Consultant Professional Indemnity

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Recruitment Consultant Professional Indemnity

Professional indemnity for recruitment, on-hire and labour hire businesses.

Recruitment claims usually follow a placement that should not have happened. A qualification or licence never verified, a police check not completed, a reference that goes further than it should, or a selection process a candidate says was discriminatory. Professional indemnity generally responds where the client or candidate says the recruitment process itself caused them loss.

What is it?

Recruitment businesses run permanent placement, contract and on-hire labour, executive search and recruitment process outsourcing across sectors as varied as healthcare, construction, transport and professional services. Membership of the RCSA is common and carries insurance requirements, and labour hire licensing schemes operating in Queensland, Victoria and South Australia place further obligations on providers who supply workers to a host business.

What does recruitment consultant professional indemnity cover?

Screening and verification

Claims that qualifications, licences or background checks were not properly verified.

Discrimination and defamation

Exposure from selection decisions and from what is said in a reference.

Candidate data

Privacy and cyber exposure from the resumes and identity documents you hold.

What affects the cost?

  • Permanent, contract or on-hire mix
  • Sectors placed, especially healthcare and trades
  • Number of placements a year
  • Labour hire licensing obligations
  • Turnover and claims history

Worth raising on the call

  • On-hire workers generally need workers compensation in every state you place into.
  • Client contracts often try to pass back liability for a placed worker's own conduct.
  • Verification failures are the most common trigger, so keep evidence of every check.

Claims we are commonly asked about

Placed nurse with lapsed registration

An agency places a nurse into hospital shifts and it emerges that AHPRA registration lapsed months earlier and was never re-verified. The host claims the cost of the shifts, the clinical audit that follows and the remediation, and the placement is unwound.

Reference goes past the facts

A consultant tells a prospective employer that a candidate was let go for stealing, when no finding was ever made. The candidate claims defamation and the loss of the role that was withdrawn as a result.

Forklift ticket never verified

A labour hire worker is supplied to a civil site as a licensed high risk work operator on the strength of a photocopied ticket that was never checked with the regulator. A load is dropped, and the host looks to the agency that vouched for the credential.

Worth confirming in the wording

  • Worth confirming whether the acts of on-hired workers while under the host's direction and control are addressed, and where the wording draws the line on your responsibility for them.
  • Worth confirming whether discrimination, harassment and defamation claims brought by candidates sit inside the professional indemnity wording or belong under management liability.
  • Worth confirming that the policy responds in every state you supply into, including those operating labour hire licensing schemes.

Common questions

Do I need a labour hire licence?

It depends on where you supply. Queensland, Victoria and South Australia operate labour hire licensing schemes with their own definitions of who is captured, and supplying into a scheme state without a licence carries penalties. The current scope should be checked with each state's labour hire authority, as schemes have been amended over time.

Does professional indemnity cover a placement that just does not work out?

Generally not. A candidate underperforming is usually a commercial matter dealt with through your own replacement terms rather than an insurance claim. The policy typically responds where the client says the recruitment process itself was negligent, such as a credential never verified or a check never completed.

Who covers an on-hired worker injured on the host's site?

Injury to your own on-hired workers is generally a workers compensation matter in the state where the work is performed, not a professional indemnity one. Agencies supplying across borders commonly need registration in each relevant scheme. Liability for the worker's own conduct toward third parties is a separate question set by the contract and the policy wording.

What does recruitment professional indemnity cost?

It depends on the profile rather than a fixed rate. The usual drivers are your permanent, contract and on-hire mix, the sectors you place into, especially healthcare, trades and transport, placement volume, turnover, labour hire licensing obligations and your claims history.

General information only. Cover, limits and exclusions depend on the PDS, TMD, eligibility, underwriting and the policy terms. See professional indemnity insurance for the wider picture.

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