2 July 2020

DON'T GET CAUGHT COLD BY COVID EMPLOYMENT TRIBUNAL CLAIMS

DON'T GET CAUGHT COLD BY COVID EMPLOYMENT TRIBUNAL CLAIMS

The Covid-19 pandemic is already changing the face of litigation. Employers are now at greater risk than ever of potential tribunal claims from employees who may have not been adequately protected or feel this is the case.

Have social distancing measures been properly implemented? Has appropriate PPE gear been provided?  Have employees been effectively shielded?  Have furlough regulations been followed?  Have the ramifications of home working been considered. The list is endless and the lines are blurred, but are your clients properly covered against employee claims?

This is a rising area of concern. It is now more likely than ever that there will be more serious claims relating to Covid-19 in the workplace. With restructures and redundancies possible, there has never been a more important time for our members have appropriate Employment Litigation Disputes Insurance in place.

If you are not already covered when an employee brings an employment tribunal claim, if you have followed BPIF HR advice then BPIF legal will do their utmost to defend the claim for you up to trial. However advocacy services are not included in membership so you will have to bear the cost of barrister's fees many of these cases will run over 3 days at a cost of £10,000 plus VAT per claim, plus any adverse judgment financial award if you lose the case.  

The employment law solicitor to the BPIF, Gaynor Beckett says,

"I cannot advocate this insurance product enough at any time, but even more so as we come out of the Covid Crisis. Legal professionals in the employment law world have been appraised by the President of the Employment Appeal Tribunal, the ET system is already close to breaking point, resulting the necessity to develop a fast track litigation system to deal with anticipated volume. I agree a fast track system is a necessary step but it will also go towards encouraging nuisance claims with little or no legal merit to secure commercial settlements, having this insurance product in place will negate this risk".

Our 3rd party provider Albion Legal provides an insurance backed solution at reasonable annual and monthly premiums based upon wage role and previous litigation history, which enables you to protect yourselves now rather than face significant legal fees later.

"Businesses are choosing Albion Legal's Employment Disputes Insurance because it protects against the cost of employment tribunals, legal fees, settlements and awards.  It also offers the flexibility for you to design your own bespoke policy with individual elements of that cover."

Other benefits include:

- Provides protection against the cost of employment tribunals, legal fees, settlements and awards.

- Wide policy coverage with bespoke cover options.

- Optional cover for Pursuit costs/Breach of Restrictive Covenants.

- Policy triggers at ACAS Conciliation stage.

- Guarantees compliance obligations.

- Premium instalment facilities.

- Option to add Health & Safety package.