One of the first issues many of my clients are concerned about when considering whether to start Employment Tribunal proceedings, is the cost of legal representation. I agree this is a very important issue and so I give clear guidance on funding options during initial client consultations, including using any insurance they may have. Read on for more information.
Do You Have Legal Expenses Insurance?
One of the most common ways of funding Employment Tribunal representation is by using something termed “legal expenses insurance”. If you have got legal expenses insurance this could mean that all your legal costs from the point of issuing a claim will be covered. This type of cover is therefore a real asset and can save clients thousands of pounds.
Legal expenses insurance can usually be found as a benefit attached to home insurance. Some of my clients have had no idea that they have this cover in place because their insurer makes no charge for it. Other insurers may only charge a nominal sum for the benefit of between £10 to £30 a year. For this reason, the cover can easily be overlooked.
I always advise clients to check their home insurance to see if legal expenses cover is available. It is also important to check any other insurance policies held, such as car, contents, credit card, bank accounts etc… to see if the cover is included. Don’t be deterred if you can’t immediately find the words legal expenses insurance, it could be that the cover has been termed “family legal protection” or words to that effect. If in doubt, just call your insurance provider to get a clear and definitive answer.
How To Access the Benefit?
If you have got the benefit of legal expenses insurance, or family legal protection then there are certain steps that need to be taken to access the cover on the policy. I am always happy to help clients through this process and I appreciate it can be a little daunting dealing with the paperwork.
Generally speaking, most insurers will require a summary of the key facts of the case, an assessment on prospects of the case succeeding, a valuation of the potential compensation, an estimated timeframe for the case to reach a conclusion, and the likely costs associated with pursuing the case. As I have said above, I am always happy to help clients provide this information to their insurers.
If on receipt of the above information the legal expenses insurer is happy that the claim has reasonable prospects of succeeding and it is proportionate to pursue, then they are likely to agree to cover all reasonable legal costs and disbursements. Cover tends to be available from the point that proceedings can be issued and so this would be after any internal procedures (such as grievance or discipline) and after any ACAS early conciliation.
Even if an initial approach to an insurer has failed, there are sometimes very strong arguments to have that first decision overturned. I have assisted several clients over recent years secure insurance funding when their first attempt failed.
Lincs Law Employment Solicitors Can Help You
If you require assistance with Employment Tribunal representation, or a discussion about how to fund your employment law dispute, please call us on 01522 440512 for a free enquiry and one of our Employment Solicitors will be very happy to help. Alternatively, for more information about funding options for legal representation at the Employment Tribunal, please visit our website at https://lincslaw.co.uk/fees/employees/.
Sophie Goodwill
Specialist Employment Solicitor
Lincs Law Employment Solicitors, Lincoln
Tags: employment advice Employment Law Advice Employment Tribunal Funding Family Legal Protection legal expenses insurance