Employment Practice Liability
Our experience shows that employment tribunal cases have increased in the past. However we also know that in reality businesses are facing a much higher number of employment actions. This is due to the fact that the majority of total cases are settled privately without ever reaching the tribunal stage.
Today there is a wide range of legislative regulation of business to prevent cases of age, religious or sexual discrimination. Especially the latter is strictly enforced,
which is reflected by a high number of cases. Insurance helps protect the company and management by meeting damages, judgements, settlements and defence costs for many types of violations.
In general, a public case will be harmful to the reputation of a company and its management. Our clients get access to a high quality public relations assistance in order to plan and coordinate a communication strategy that will help to maintain the public standing.
Cases are getting more expensive as the caps on awards are increased each year – although there are no thresholds in discrimination cases. Businesses also need coverage against defence costs – if the case is lost, the employees' cost will be paid for by the business.
Much is expected of employers in their handling of employee actions. The burden of proof rests heavily on the shoulders of employers. Strict procedures must be complied to, otherwise the case could be lost by default. It’s a lot to keep up with and management should consider protection against even innocent slip ups.
The company and its subsidiaries may use the services of an independent expert, who will work to clarify the circumstances of an actual or alleged wrongful act involving an employee. Our policies take a wide interpretation of who an ‘employee’ is.