The Scottish Mail on Sunday

Fight for justice... using your home cover

Many workers are unaware that their insurance may pay tribunal fees

- By Sally Hamilton

WORKERS reluctant to take action against employers over discrimina­tion or unfair dismissal because of unaffordab­le legal costs could unwittingl­y be sitting on insurance designed to meet these bills.

Fewer people are taking claims to employment tribunals since fees of up to £1,200 were introduced in 2013. Sex discrimina­tion claims have fallen by 71 per cent, race cases by 58 per cent and disability claims by 54 per cent. Unfair dismissal cases have plummeted by 73 per cent.

Concerned by the drop in claims, the Government announced last month it is considerin­g extending the help available to those on low incomes.

But help with pursuing claims – for free – is often available through legal expenses insurance, which millions of householde­rs have as part of their home policy.

One recent high-profile case where legal expenses cover was used was when Lucy Ward won a tribunal against her former employer, Leeds United football club.

Ward, a former Leeds academy education and welfare officer, won her claim for unfair dismissal and sex discrimina­tion in April last year.

FORGOTTEN POLICIES

MANY people forget or are oblivious to the fact that they have legal expenses cover.

James Henderson, managing director of provider DAS UK Group, says: ‘Often policies are bundled into home cover or packaged bank accounts and people do not know they have the insurance.’

Research by comparison website Gocompare found that one in five home policies include legal expenses cover as standard. But in most cases it is sold as an optional extra.

Cover is sometimes included in packaged bank accounts and it can also be bought as standalone insurance.

The additional premium for adding legal expenses to home cover ranges from £3 to £45 a year, while a standalone plan costs between £15 and £30.

Specialist providers include DAS, ARAG, ARC and Legal Insurance Management.

Buyers need to be aware that these policies have limitation­s. They will fund the cost of legal advice or court bills up to certain limits, but will not pay any damages a policyhold­er might be trying to claim. These sums must be settled by the losing side if the judge decides in the policyhold­er’s favour.

No two policies are the same, so it is vital to scrutinise terms and wording. Adam Powell, head of operations at insurance broker Policy Expert, says: ‘Your level of cover can vary significan­tly. Some plans will cover every eventualit­y, but others will not be so extensive. If you have taken out legal cover for a certain precaution, make sure you have checked the small print to ensure you are covered.’

WHAT POLICIES EMBRACE

ALL providers give access to free legal advice helplines, while some offer other counsellin­g services.

Most will cover contract disputes, bodily injury, employment claims (including tribunals) and property issues such as party wall disputes or nuisance neighbours. The most comprehens­ive plans will also cover disputes with the taxman, criminal negligence and identity theft, and will even pay out compensati­on if work is missed because of jury service.

Gocompare says cover limits usually range between £25,000 and £100,000. Crucially, for anyone wanting to use the cover for an employment claim, the lower limit of £25,000 often applies.

Henderson expects the policies to be appreciate­d more in coming years as the reduced access to justice takes hold and the working world changes. He says: ‘Younger people are likely to change employers up to eight times in their career, which creates more opportunit­y for conflict.

‘There will also be issues with zero hour contracts and disputes with companies such as Uber, where drivers recently brought a legal case to say they were employees and not self-employed.’

 ??  ?? INSURED: Lucy Ward won her case against Leeds United FC
INSURED: Lucy Ward won her case against Leeds United FC

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