Our experience shows that employment tribunal cases have increased. But we also know that in reality businesses face a broad range of employment actions including many that are settled in private without ever getting to tribunal.
Today there’s a broad range of legislation for businesses to keep track of, for example age or religious discrimination. Strict enforcement of areas like sexual discrimination is reflected in the increasing number of cases. Insurance helps protect the company and management by paying damages, judgements, settlements and defence costs for many types of violations.
A public case can be bad for the reputation of a company and its leaders. Our clients get access to high quality public relations assistance to plan and manage a communication strategy that will help manage their public image in the aftermath of a claim.
Cases are getting more expensive as the caps on awards are increased each year – however they are unlimited in discrimination cases. Business also need cover against defence costs – and the policy also pays employees’ costs if they lose the case.
Much is expected of employers in their handling of employee actions. The burden of proof lies heavily with employers. Strictly defined procedures must be followed otherwise the case could be lost from the start 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.