Employment Practices Liability Insurance (EPL) - Insuring against the cost of Employee Claims

 

 

Employment Practices Liability Insurance (EPL) is an Insurance product for Employers which will insure against compensation awards and associated costs of a claim under employment law for up to €1 million.

 

Tightening Irish and European legislation continues to highlight employees’ potential rights of action against their employers leading to an increased vulnerability to employment related claims for employers.

 

The Insurance will also cover costs to an employer where the claim is either settled prior to hearing or is averted through mediation or arbitration.

This insurance will cover any legal fees, settlements or claims made against an employer under Irish Employment Law.

 

This Insurance provides cover for claims brought by employees against the company or fellow employees. It covers the legal liability of the group for claims made against them by reason of Wrongful Employment Practices  

 

 

Some Examples of where a claim may arise in your business could include one or a number of the following areas

 

·         sexual harassment,

·         discrimination

·         unfair dismissal

·         constructive dismissal

·         bullying

Some unfair or wrongful dismissal, discrimination / victimisation against an employee or applicant can be on the grounds of

 

·         gender,

·         marital status,

·         family status,

·         sexual orientation,

·         religion,

·         age race,

·         colour

 

There has been an upsurge in the number and the monetary amounts of awards to employees who have successfully obtained proved negligence against the employer in respect of the above.

 

We can provide a cost effective solution by offering specialist cover to suit the needs of individual companies for both Directors & Officers Liability and Employment Practices Liability Insurance.


It is worth bearing in mind that while ever claim may not be justified they will all be expensive to defend.


All policies are subject to terms, conditions and exclusions and it is vital that groups are aware of these and make sure that you get a tailored policy to suit your individual needs and not an ‘off the shelf, one size fit’s all’ product. 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employment Practices Liability Insurance (EPL) is an Insurance product for Employers which will insure against compensation awards and associated costs of a claim under employment law for up to €1 million.

 

Tightening Irish and European legislation continues to highlight employees’ potential rights of action against their employers leading to an increased vulnerability to employment related claims for employers.

 

The Insurance will also cover costs to an employer where the claim is either settled prior to hearing or is averted through mediation or arbitration.

This insurance will cover any legal fees, settlements or claims made against an employer under Irish Employment Law.

 

This Insurance provides cover for claims brought by employees against the company or fellow employees. It covers the legal liability of the group for claims made against them by reason of Wrongful Employment Practices  

 

 

Some Examples of where a claim may arise in your business could include one or a number of the following areas

 

·         sexual harassment,

·         discrimination

·         unfair dismissal

·         constructive dismissal

·         bullying

Some unfair or wrongful dismissal, discrimination / victimisation against an employee or applicant can be on the grounds of

 

·         gender,

·         marital status,

·         family status,

·         sexual orientation,

·         religion,

·         age race,

·         colour

 

There has been an upsurge in the number and the monetary amounts of awards to employees who have successfully obtained proved negligence against the employer in respect of the above.

 

We can provide a cost effective solution by offering specialist cover to suit the needs of individual companies for both Directors & Officers Liability and Employment Practices Liability Insurance.


It is worth bearing in mind that while ever claim may not be justified they will all be expensive to defend.


All policies are subject to terms, conditions and exclusions and it is vital that groups are aware of these and make sure that you get a tailored policy to suit your individual needs and not an ‘off the shelf, one size fit’s all’ product. 

 

 

 

 

 

 

 

 

 

 

 

Our HR Partners

Collier Broderick

Collier Broderick Management Consultants is a leading Human Resource Management and Employment Law firm.
www.collierbroderick.ie

Collier Broderick

Collier Broderick Management Consultants is a leading Human Resource Management and Employment Law firm.
www.collierbroderick.ie

Some Examples of Claims

Some Example of cases taken against employers

 

Advertising and Marketing Firms – ageism

An employee worked for nine years before being made redundant at the age of 62. The company said the redundancy situation arose because it anticipated losing an important account upon which the employee had been working. The company had no agreed procedures in place to select people for redundancy. The tribunal found that “there was no redundancy situation in existence” and concluded that the employee’s dismissal resulted “wholly or mainly from his age”

 

Damages €35,000 plus defence costs

 

Local Newspaper Editor – unfair dismissal

The complaint was the editor of a provincial newspaper. His employer alleged that he had developed a serious gambling problem, failed to respond adequately to training programmes, to account for holidays taken and to meet targets. The tribunal found that the gambling problem was not the true reason for dismissal and that failure to account for all the holidays taken did not justify dismissal. It also concluded that inadequate assistance to the employee during his training programme contributed to his failure to meet achieve targets.

 

Damages €70,000 plus defence costs

 

Public House – sexual assault

A pub employee sued her former employee in the High Court for sexual assault. A jury found in her favour. The Jury found in her favour. The claim provides an example of an employee finding the grounds to take an Employer to the High Court rather than the labour court in order to seek higher damages.

 

Damages €177,000 plus defence costs

Some Example of cases taken against employers

 

Advertising and Marketing Firms – ageism

An employee worked for nine years before being made redundant at the age of 62. The company said the redundancy situation arose because it anticipated losing an important account upon which the employee had been working. The company had no agreed procedures in place to select people for redundancy. The tribunal found that “there was no redundancy situation in existence” and concluded that the employee’s dismissal resulted “wholly or mainly from his age”

 

Damages €35,000 plus defence costs

 

Local Newspaper Editor – unfair dismissal

The complaint was the editor of a provincial newspaper. His employer alleged that he had developed a serious gambling problem, failed to respond adequately to training programmes, to account for holidays taken and to meet targets. The tribunal found that the gambling problem was not the true reason for dismissal and that failure to account for all the holidays taken did not justify dismissal. It also concluded that inadequate assistance to the employee during his training programme contributed to his failure to meet achieve targets.

 

Damages €70,000 plus defence costs

 

Public House – sexual assault

A pub employee sued her former employee in the High Court for sexual assault. A jury found in her favour. The Jury found in her favour. The claim provides an example of an employee finding the grounds to take an Employer to the High Court rather than the labour court in order to seek higher damages.

 

Damages €177,000 plus defence costs

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