STAFFRELATIONS LEGAL EXPENSES INSURANCE COVERTo make sure that you get the most from your cover, please take time to read the policy which explains the contract between us. Please take extra care in following the procedures under Employment Cover (insured incident 1) . If you have any questions or would like more information, please contact Staffrelations, The Old Exchange, 64 West Stockwell Street , Colchester, Essex , CO1 1HE . It will help if you keep the following points in mind: How to make a claim You must give Staffrelations details of any claim as soon as possible and no more than 180 days after the insured event happening. You can write to: Staffrelations, The Old Exchange, 64 West Stockwell Street , Colchester, Essex , CO1 1HE . Alternatively, please telephone 01206 367499, or fax 01206 366501.
When we cannot help Please do not ask for help from a solicitor before we have agreed. If you do, we will not pay the costs involved. How to make a complaint If you have a complaint about our service or about a claim, please write to the Claims Director, Staffrelations, The Old Exchange, 64 West Stockwell Street , Colchester, Essex , CO1 1HE . Complaints will be acknowledged within 5 business days of receipt confirming the name of the person dealing with the matter and when a response can be expected. We aim to provide a full written response within 20 business days unless the complaint is of such nature that it needs more detailed investigation. If this is the case, we will advise you of the likely timescale. If you are not happy with the response you receive and your annual turnover is less than £1 million, you have the right to ask the Financial Ombudsman Service to review your case within six months of the company's decision to investigate the complaint. If your annual turnover exceeds £1 milion, you have the right to ask the Association of British Insurers to review your case within six months of the company's decision to investigate the complaint. Demands and needs statement Staffrelations Legal Expenses Insurance Cover meets the demands and needs of those companies who wish to protect themselves from a future dispute with an employee, to appeal against the imposition or terms of any statutory notice held issued under legislation affecting the company. It also benefits any employee of the company where they have to attend court or tribunal as a witness to a claim being covered by the insurance for payment of wages or salary as described in the policy wording. THIS IS YOUR STAFFRELATIONS LEGAL PROTECTION COVER POLICY This policy, the policy schedule and any endorsement shall be considered as one document. The proposal or any information supplied by the policyholder shall be incorporated in the contract. This policy will cover the insured person in respect of any insured incident arising in connection with the business shown in the policy schedule if the premium has been paid. We agree to provide the insurance in this policy as long as: (a) the date of occurrence of the insured incident happens during the period of insurance ; and (b) any legal proceedings will be dealt with by a court, or other body which we agree to, in the territorial limit ; and (c) in civil claims it is always more likely than not that an insured person will recover damages (or obtain any other legal remedy which we have agreed to) or make a successful defence. (d) the insured incident occurs within the territorial limit . For all insured incidents , we will help in appealing or defending an appeal as long as the insured person tells us within the time limits allowed that they want us to appeal. Before we pay any costs and expenses for appeals, we must agree that it is always more likely than not that the appeal will be successful. If an appointed representative is used, we will pay the costs and expenses incurred for this. We will pay Compensation Awards that we have agreed to. The most we will pay for all claims resulting from one or more event arising at the same time or from the same cause is £100,000. The most we will pay for all claims in any one period of insurance is £1,000,000.
THE MEANING OF WORDS IN THIS POLICY 1 We, us, our Amicus Legal Ltd who administer this insurance and handle claims on behalf of the underwriters . 2 The policyholder As shown in the policy schedule. 3 Insured person The policyholder and the directors, partners, managers, employees and any other individuals declared to us by the policyholder . 4 Appointed representative The lawyer, or other suitably qualified person, who has been appointed to act for an insured person in accordance with the terms of this policy. 5 Period of insurance The period for which we have agreed to cover the insured person and for which the premium has been paid.
6 Date of occurrence • For civil cases, the date of occurrence is when the cause of action first accrued. • For criminal cases, the date of occurrence is when the insured person commenced or is alleged to have commenced to break the criminal law in question. 7 Costs and expenses - Legal costs All reasonable and necessary costs chargeable by the appointed representative on a standard basis. Also the costs incurred by opponents in civil cases if an insured person has been ordered to pay them, or pays them with our agreement.
- Attendance expenses The insured person's salary or wages for the time that the insured person is off work to attend any arbitration, court or tribunal hearing at the request of the appointed representative . We will pay for each half or whole day that the court, tribunal or the insured person's employer will not pay for. The amount we will pay is based on the following: • the time the insured person is off work including the time it takes to travel to and from the hearing. This will be calculated to the nearest half day assuming that a whole day is eight hours; • if the insured person works full time, the salary or wages for each whole day equals 1/250th of the insured person's yearly salary or wages; • if the insured person works part-time, the salary or wages will be a proportion of the insured person's weekly salary or wages. • the most we will pay is £100 per insured person per day subject to a maximum of £5,000 per claim.
8 Territorial limit The United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands. 9 Underwriters 1 EMPLOYMENT DISPUTES AND COMPENSATION AWARDS (a) Employment Disputes We will defend the policyholder's legal rights in legal proceedings in respect of any dispute with (a) An employee or ex-employee or a trade union acting on behalf of an employee or ex- employee which results in an application to an Employment Tribunal; or (b) an employee, prospective employee or ex-employee arising from an alleged breach of their statutory rights under employment legislation.
What is not covered (1) Any employment dispute where the cause of action arises within the first 90 days of the indemnity provided by the policy. (2) Any dispute with an employee who was subject to a written or oral warning (formal or informal) within 180 days immediately preceding the inception date of the indemnity provided by the policy if the date of occurrence was within the first 180 days of the indemnity provided by the policy. (3) Any redundancy or alleged redundancy or unfair selection for redundancy arising within the first 180 days of the indemnity provided by the policy. (4) Any claim in respect of damages for personal injury or loss of or damage to property. (5) Any claim arising from or relating to any transfer of business which falls within the scope of the Transfer of Undertakings (Protection of Employment) Regulations 1981 as amended by the Collective Redundancies and Transfer of Undertaking Regulations (Protection of Employment) (Amendment) Regulations 1999, or the Acquired Rights Directive 2001 and any amending legislation. (b) Compensation Awards We will pay: (1) any basic and compensatory award; and/or (2) an order for compensation following a breach of the policyholder's statutory duties under employment legislation in respect of a claim we have accepted under insured incident 1(a).
Provided that for all claims under insured incident 1:- (1) In cases relating to performance and/or conduct, the policyholder has throughout the employment dispute (2) For an order of compensation following the policyholder's breach of statutory duty under employment legislation the policyholder has at all times sought and followed advice from our legal advice service since the date when the policyholder should have known about the employment dispute. (3) For any compensation award for redundancy or alleged redundancy or unfair selection for redundancy, the policyholder has sought and followed advice from our legal advice service prior to serving notice of redundancy. (4) The compensation is awarded by a tribunal, under a judgment made after full argument and otherwise than by consent or default, or is payable under settlement approved in writing in advance by us . What is not covered (1) Any compensation award relating to the following: - trade union activities, trade union membership or non-membership; - pregnancy or maternity rights; - health and safety related dismissals brought under section 44 of the Employment Rights Act 1996; - statutory rights in relation to trustees of occupational pension schemes; - statutory rights in relation to Sunday shop and betting work. (2) Non-payment of money due under the relevant contract of employment or statutory provision relating thereto. (3) Any award ordered as a result of a breach of statutory rights in relation to the provision of relevant records to employees under the National Minimum Wage Act 1998. (4) Any compensation award or increase in compensation award ordered by the tribunal for failure to comply with a recommendation it has made, including non-compliance with a reinstatement or re-engagement order.
2 LEGAL DEFENCE We will represent the insured person in appealing against the imposition or terms of any Statutory Notice issued under legislation affecting the policyholder's business.
3 ATTENDANCE EXPENSES We will pay the attendance expenses of an insured person .
WHAT IS NOT COVERED BY THIS POLICY 1 Any claim reported to us more than 180 days after the date the insured person should have known about the insured incident . 2 Costs and expenses incurred before the written acceptance of a claim by us . 3 Fines, penalties, compensation or damages which the insured person is ordered to pay by a court or other authority other than compensation awards as covered under insured incident 1(b) Compensation Awards. 4 Any claim relating to patents, copyrights, trademarks, merchandise marks, registered designs, intellectual property, secrecy and confidentiality agreements. 5 Any claim relating to franchise rights, or agency rights where the policyholder has the legal capacity to alter the legal relations of another. 6 Any insured incident deliberately or intentionally caused by an insured person . 7 A dispute with us or the underwriters not otherwise dealt with under Condition 7. 8 Any claim relating to a shareholding or partnership share in the policyholder unless such shareholding was acquired under a scheme open to all employees of the policyholder or a substantial number of them of a certain minimum grade other than the directors or partners of the policyholder . 9 An application for Judicial Review. 10 Any claim caused by, contributed to by or arising from: - ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from burning nuclear fuel; - the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear part of it; - war, invasion, foreign enemy hostilities (whether war is declared or not), civil war, rebellion, revolution, military force or coup; - pressure waves caused by aircraft or any other airborne devices travelling at sonic or supersonic speeds. 11 Legal action an insured person takes which we or the appointed representative have not agreed to or where the insured person does anything that hinders us or the appointed representative . 12 When either at the commencement of or during the course of a claim, the policyholder is bankrupt or has filed a bankruptcy petition or winding-up petition, or has made an arrangement with its creditors, or has entered into a deed or arrangement or is in liquidation or part or all of its affairs or property are in the care or control of a receiver or administrator. 13 Any claim directly or indirectly caused by or resulting from any device failing to recognise, interpret or process any date as its true calendar date. 14 Any claim relating to any non-contracting party's right to enforce all or any part of this policy. The Contracts (Rights of Third Parties) Act 1999 does not apply to this policy.
CONDITIONS WHICH APPLY TO THE WHOLE POLICY 1 An insured person must: (a) keep to the terms and conditions of this policy; (b) notify us immediately of any alteration which may materially affect our assessment of the risk; (c) take reasonable steps to keep any amount we have to pay as low as possible; (d) try to prevent anything happening that may cause a claim; (e) send everything we ask for, in writing; (f) give us full details of any claim as soon as possible and give us any information we need . 2 (a) We can take over and conduct in the name of the insured person , any claim or legal proceedings at any time. We can negotiate any claim on behalf of an insured person . • If we agree to start legal proceedings and it becomes mandatory for an insured person to be represented by a lawyer, or if there is a conflict of interest, an insured person can choose an appointed representative by sending us the suitably qualified person's name and address. We may choose not to accept the choice of representative, but only in exceptional circumstances. If there is a disagreement over the choice of appointed representative , another suitably qualified person can be appointed to decide the matter. • Before an insured person chooses a lawyer or an accountant, we can appoint an appointed representative . • An appointed representative will be appointed by us and represent an insured person according to our standard terms of appointment. The appointed representative must co-operate fully with us at all times. • We will have direct contact with the appointed representative . • An insured person must co-operate fully with us and with the appointed representative and must keep us up-to-date with the progress of the claim. (g) An insured person must give the appointed representative any instructions that we require. 3 (a) An insured person must tell us if anyone offers to settle a claim and must not agree to any settlement without our written consent. (b) If an insured person does not accept a reasonable offer to settle a claim, we may refuse to pay further costs and expenses . (c) We may decide to pay the insured person the amount of damages that the insured person is claiming or is being claimed against them instead of starting or continuing legal proceedings. 4 (a) If we ask, an insured person must tell the appointed representative to have costs and expenses taxed, assessed or audited. (b) An insured person must take every step to recover costs and expenses that we have to pay and must pay us any costs and expenses that are recovered. 5 If an appointed representative refuses to continue acting for an insured person or if an insured person dismisses an appointed representative , the cover we provide will end at once, unless we agree to appoint another appointed representative . 6 If an insured person settles a claim or withdraws their claim without our agreement, or does not give suitable instructions to an appointed representative , the cover we provide will end at once and we will be entitled to re-claim any costs and expenses paid by us . 7 If we and an insured person disagree about the choice of appointed representative , or about the handling of a claim, we and the insured person can choose another suitably qualified person to decide the matter. We must both agree to this in writing. If we cannot agree with the insured person about the choice of the second suitably qualified person, we will ask the president of a relevant national law society to choose a suitably qualified person. Whoever loses the disagreement will have to pay the costs of settling it. 8 We may at our discretion require the policyholder to obtain an opinion from counsel at the policyholder's expense as to the merits of a claim or proceedings. If counsel's opinion indicates that there are reasonable grounds for the pursuit or defence of a claim or proceedings, the cost of obtaining the opinion will be paid by us . 9 We can cancel this policy at any time as long as we tell the policyholder at least 21 days beforehand. The policyholder can cancel this policy within 14 days of taking it out. After this the policyholder can cancel it at anytime by telling the person who sells the policyholder this insurance, subject to 21 days notice of cancellation. The policyholder can ask the person who sells the policyholder this insurance about getting a refund of premium if the policyholder cancels the policy. 10 The policyholder shall declare information as requested by us at the end of each period of insurance . The policyholder shall pay any additional premium or receive a refund of premium as the case may be. If the required information is not supplied to us at the intervals required, we will adjust the policyholder's premium in accordance with the index of average earnings published by the Office for National Statistics. 11 We will not pay any claim covered under any other policy, or any claim that would have been covered by any other policy if this policy did not exist. 12 This policy will be governed by English law. 13 All Acts of Parliament within the policy wording shall include equivalent legislation in Scotland, Northern Ireland, the Isle of Man or the Channel Islands as the case may be. Data protection To provide and administer the legal advice service and legal expenses insurance, we must process your personal data and where appropriate your sensitive personal data and in doing this we will comply with the Data Protection Act 1998. We may need to pass data to the underwriters of the policy, DAS Legal Expenses Insurance Company Ltd. Unless required by law, by our regulator or a professional body, we will not disclose your data to any other person or organisation or use it for any other purpose. The Data Controller is Amicus Legal Ltd.
Financial Service Compensation Scheme You may be entitled to compensation from the Financial Service Compensation Scheme (FSCS) if either DAS Legal Expenses Insurance Company Ltd or Amicus Legal Ltd, cannot meet their obligations. This depends on the type of insurance and the circumstances of the claim. Most insurance contracts are covered for 100% of the first £2,000 and 90% of the remainder of the claim costs. You can get more information about the compensation scheme from the FSCS.
The role of Staffrelations In arranging this type of insurance, Staffrelations acts for only one insurer, DAS Legal Expenses Insurance Company Ltd, of DAS House, Quay Side, Temple Back, Bristol, BS1 6NH. The law which applies to this insurance is English and the English language will be used in all communications.
In administering claims under the insurance policy, Staffrelations acts on behalf of the insurer. If a claim is accepted, a solicitor or other advisor will be appointed to act for the insured.
In some circumstances Staffrelations may provide legal advice to the insured, but only if there is no conflict of interest between the insured and the insurer or Staffrelations. These circumstances are:
• Staffrelations provides a telephone legal advice service to insureds. • Staffrelations may engage in correspondence on behalf of insureds to pursue civil claims against other parties, provided legal proceedings have not been issued. • Staffrelations operates an employment tribunal representation service, whereby it acts for insureds and its fees are paid by the insurers.
In the event that a conflict arises between two people both insured through Staffrelations, or between an insured and Staffrelations, or an insured and the insurer, then arrangements will be made for separate representation.
Staffrelations is a trading name of Amicus Legal Ltd. Amicus Legal Ltd is not a solicitor's practice.
Telephone calls may be monitored and recorded in the interests of customer service and for training purposes. DAS Legal Expenses Insurance Company Ltd and Amicus Legal Ltd are incorporated within the UK and are authorised and regulated by the Financial Services Authority.
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