Civil liability/damage claims UK pilots
I'm working for an Irish airline and based in the UK.
I've been issued a new contract, which I signed, and thought all was okay.
Now I have been warned by colleagues about a change in a clause regarding my Civil Liability....
I'm not sure what to think of it, how will it impact my position as a F/O and do I need some additional insurence?
This is the clause:
30. Civil Liabilities
30.1 If in the course of your employment you incur any liability
because of the death or injury of any person, including passengers or
fellow employees, or because of any damage to property, whether it be
the property of the Company or otherwise, you shall not be under any
liability to make any payment by way of damages, indemnity or
contribution to the Company by reason of the liability incurred by the
Company in respect of the said death, injury or damage to property
aforesaid.
30.2 The Company shall defend, indemnify and keep or save you against
all and any liability howsoever incurred in the course of your
employment in respect of the death or injury to any person, including
passengers or fellow employees or of any damage to property whether it
be the property of the Company or otherwise.
30.3 The provision of this clause shall only apply during the period
between the time when you report for duty at your assigned base and
the time when on returning to that base you go off duty, and provided
the liability is not attributable to negligence or gross misconduct on
your part.
I've highlighted the word "negligence". In my previous contract this clause was exactly the same, however instead of "negligence" it read "willful neglect".
No one seems to know what this change in words really means, and if our position as an pilot is really changed in the company.
1.Would it now be possible for the company to claim back any damage? How far can they go?
By example a flap over speed during a go around or accidently slightly bumping into a GPU will create some damage.... easily labbeled as negligence on the part of the pilots they can bring a claim against the pilots?
2. Is this legal under UK employment law?
3. Is there a way to take out an insurence for those situations?
4. How is this arranged with other, UK, airlines?
Any info and inputs are welcome!