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Legal Expenses Insurance unfair dismissal

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  • Legal Expenses Insurance unfair dismissal

    Hi everyone.,

    I'm going through rather a difficult period right now. Basically I was dismissed from a financial instituation a few months back (due to personal debt I must stress, and not because I ever did anything to affect a customer at all). Just thought I'd get that out of the way bearing in mind Banks in the UK are hardly popular these days.

    Anyway, I'm taking the said Financial institution to an employment tribunal for unfair dismissal. For anyone not familiar with these, taking on a company with seemingly bottomless resources and 100,000 or more employess is scary to say the least.

    After receiving the first solicitors bill, once I'd got over the shock of how much it was all costing I did some reading, and I found out the following -

    My House Insurance Cover provides up to £100K of Legal Expenses Insurance which can be used to fight employment related disputes e.g. Wrongful, unfair, constructive dismissals, redundancy, discrimination etc.

    After working finance myself for nearly 27 years, I had no idea my house insurance would potentially help with claims like this!

    If there's ANYONE on here, or if you know someone in this position, I would urge you to please make them aware of this as without this cover I would have run out of money well before the hearing. As it is now, I do still need to pay the bill I've run up already, but future costs will be met by the insurer..

    There are conditions in place, however and I'd like to try to help anyone who's interested how to get these claims agreed.

    i) Obvious really, but you need to check your policy to see if this is included. If it's not, then you can't claim. You can add the cover to an existing plan, but often they have an exclusion period to stop people adding the benefit then making an immediate claim.

    ii) You need to report the event and start making a claim within a specified period. Mine was 180 days.

    iii) This is the biggie. The insurers usually make use of a 'panel' of solicitors to initially review your claim, and in my insurers case, they will only consider a claim where the solicitor thinks there is at least a 51% chance of the legal action succeeding. Often, I'm told the solicitors they use are not as generous as a third party solicitor might be (answers why on a postcard please?). The trick is to get an assessment of the dispute done independently before submitting your claim, and provide this to the insurer!

    No insurer will ever accuse another of lying, and this approach means that they are effectively forced into accepting a claim which their own solicitor might have declined. It's possible that you may need to pay for the initial assessment, but this is much safer than risking your own money fighting the case, or trying to do it yourself!

    Finding this out has basically meant that my insurer will now have to foot the bill for the remaining legal expenses up to £100K which I could not even begin to afford myself. Massive weight off my shoulders, and it means now that I can get professional legal representation every step of the way.

    Also, in my case, the really funny part of all this is that my home insurance was still with the company I used to work for, so they're in the ludicrous situation of having to pay my costs under the insurance cover, their own legal costs as well and I've been able to negotiate my own solicitor in order to avoid any accusations of a conflict of interest. Win or lose, it's going to cost them a fortune...................... Plus, of course the settlement assuming I succeed (which my solicitor thinks is pretty likely).

    Good luck everyone, and if anyone finds any of this useful I'd be delighted.
    Tags: None

  • #2
    Re: Legal Expenses Insurance unfair dismissal

    You crafty beggar. My first thought, after reading your post, immediately, was that there was a conflict of interest where your former employer is concerned. Legal expenses cover for ETs on home contents insurance has been around for a while. I have it on my home contents insurance. In your case, your former employer may consider that it is more realistic for them to settle out of court. It would save them having to answer some very awkward questions. Best of luck and nice one.
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: Legal Expenses Insurance unfair dismissal

      Thanks

      One thing everyone needs to be aware of is if a settlement if offered and your solicitor believes it is reasonable, if you decline it and want revenge at any cost using the insurers money they won't cover the additional legal cots going forward.

      Still very very glad I was able to claim though...

      Comment


      • #4
        Re: Legal Expenses Insurance unfair dismissal

        Hello,

        Very interesting post, I would like to share my experiences with you of legal funding through household insurance.

        Myself, I had a similar experience, using my household insurance for legal funding with a tribunal case, relating to construct a dismissal and disability discrimination. I have to say it was not a happy ending with: a) in the tribunal and b) I have negative feedback for my household insurance.

        It took me quite a few attempts to finally obtain funding from my household insurance, when I finally did obtain the funding, I was made aware that the insurance company would only, £1500 as is their policy when it comes to employment disputes. As I'm sure you are aware, £1500 will cover the solicitor making a cup of tea and is going to the toilet and maybe if you're lucky looking over your papers!

        Despite the wording of the household ins. policy, there was nowhere in the policy that said there was limitation clause of £1500 contrary to this it actually said legal funding up to £50K.

        finally I ended up going with the bucket shop no-win no fee solicitor who ended up trashing my case, ( which was in fact a strong case, this is demonstrated in my earlier posts)

        I made a complaint to the financial ombudsman, and am awaiting a response because I do believe that what insurance company is doing is misleading consumers.

        I am not expecting necessarily any feedback from you guys, but more to the point having a rant about how bad and crafty these insurance companies are!

        My question to you: Crowie, is how much funding do you receive from your household insurance company?

        All the best

        Brighton

        Comment


        • #5
          Re: Legal Expenses Insurance unfair dismissal

          Hi Brighton.,

          My Policy apparently provides cover up to £100,000.

          Apparently, they negitiate an hourly rate with the solicitor involved and he bills them directly. My solicitor in this case seems to be really on the ball. He's always done exactly what he's said he will do and on time or early. Never been late with anything, so up to now nothing but good things to say about him.

          I'd suggest that in the first instance, you might want to contact your insurance company for clarification of this 'Limitation Clause'. What it's there for and the creteria involved as it doesn't appear to be in my policy at all and certainly nobody has mentioned anything like that during the claim process.

          Mind you, I'm going to check with them first thing Monday morning just to make good and sure.... thanks

          Comment


          • #6
            Re: Legal Expenses Insurance unfair dismissal

            Hi Crowie,

            sounds like you are having a good experience there with the legal funding...fair play to you.

            Well there is no limitation clause in my policy either but when I actually needed funding the insurance was only able to sponsor me £1500 and not the "upto £50k" as stated in the policy.

            Obviously £1.5K is nowhere near the £50k promised and wont do much in terms of funding!

            I take it you are using a designated solicitor as chosen by your insurance company and not a solicitor of your own choosing?

            How much money do you think they have funded you so far?

            How did the call go today? did you end up calling the insurance people up? Feel free to ask me any questions, I may be able to help but no promises

            Cheers

            Brighton

            Comment


            • #7
              Re: Legal Expenses Insurance unfair dismissal

              Hi Brighton.,

              Spoke to my insurers yesterday specifically re exclusion clauses. They were a bit non-committal, but they advised that the amount of money they are willing to pay out does depend on the size of the claim involved. I guess it makes sense not to run up £20K in fees just to get £5K back as an example they quoted.

              In my case, the total size of the claim is a bit over £200K so it's one which isn't going to just go away.

              In addition, it seems to hinge on your solicitor arguing that the work he/she is doing is necessary to win the case.

              Unfortunately, I can't claim back any of the £3,500 I've already run up in legal bills. Got to pay that myself. Going forward, I believe that my solicitor can bill them for negotiating some kind of pre-hearing settlement which is reasonable, however if my employers do dig their heels in and go to tribunal, he can do all the necessary preparation and represent me at the hearing.

              If I were you, I'd be asking them what the £1,500 actually paid for.....oh, and maybe get a copy of the invoice as well to see what was actually done.

              As I said in my first post, I think it's important not to let the insurers own solicitors deal with the case if at all possible, after all, they have a vested interest in keeping the insurance company (their future employer again) on-side. In my case, I was able to successfully argue that for them to represent me against the institution I was formally employed by would be a clear conflict of interest.

              The other big issue is the solicitors assessment of your/their chance of winning your case. Where the chances of winning are stated as being quite low, the insurance company isn't going to want to pay too much out on a lost cause if you like. The way forward I believe is to get an independent solicitor to do the risk assessment for you, and rely more on the percentage they state.

              My own insurance company needed a minimum of 51% chance of winning.
              My case by my solicitor was initially assessed as 55%
              No-Win/No Fee Solicitors will generally only act where there is a 60% chance or more of winning.

              Bearing in mind the solicitor might only get paid on 60% of the time if this were a no win/no fee basis. My own solicitor has stated that a 55% chance is a lot better odds than it actually appears to be at first glance.

              He is also a part-time employment judge, so he does know what he's talking about. He stated that if my own case came before him sitting as a tribunal judge, he would find in my favour and at the same time be, in his words 'absolutely scathing' towards to institution I previously worked for.

              Good luck with your complaint to the FOS (in my experience banks etc will usually try and settle before involving the FOS, because more and more now the FOS are finding in favour of the customer in any case - I wonder why?).

              Keep me posted...

              Comment


              • #8
                Re: Legal Expenses Insurance unfair dismissal

                Useful this so a bump!

                Comment


                • #9
                  Re: Legal Expenses Insurance unfair dismissal

                  With regards to legal representation for ET claimants, it is possible to obtain pro-bono representation from a number of places such as law clinics. I've been twice lucky! :grin: :grin:

                  Comment


                  • #10
                    Re: Legal Expenses Insurance unfair dismissal

                    How do you go about that FP?

                    Comment


                    • #11
                      Re: Legal Expenses Insurance unfair dismissal

                      Originally posted by Trev1234 View Post
                      How do you go about that FP?
                      The first time It was through a free legal advice centre called Toynbee Hall: http://www.toynbeehall.org.uk/employment-rights This was many years ago, at the time one of the volunteers who was a graduate student at the University of London took my case.

                      The second time (recently) was through the University of Kent Law clinic, one of the many clinics listed here: http://lawworks.org.uk/clinics.

                      Obviously they can't take every case - it's a combination of putting forward a good case and a bit of luck. :thumb:

                      Comment

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