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Certificate
of Insurance
Employment Insurance
The Underwriters agree to
indemnify the Insured in consideration of the premium paid or to be paid
subject to the terms, conditions and exclusions of this Certificate.
DEFINITIONS
| Adviser
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the lawyer
or other expert appointed b y Amicus acting for the Insured under
this insurance. |
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| Adviser’s
Costs |
reasonable
legal fees up to the hourly rate shown in the Amicus fee scale ruling
at the time the Adviser is instructed and disbursements essential
to the Insured’s case. Legal costs shall be assessed on the standard
basis and third party’s costs shall be covered if ordered against
the Insured and paid on the standard basis of assessment. |
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| Amicus |
Amicus Legal
Ltd. |
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| Amicus
Legal Advisory Service |
the service
provided by Amicus Legal Ltd enabling the Insured to obtain legal
advice on any matter which may give rise to a claim under this insurance. |
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| Award
of Compensation |
the award
of compensation which the Insured must pay following a decision by
an Employment Tribunal, or Employment Appeal Tribunal. It does not
include awards made under sections 117 and 125 of the Employment Rights
Act 1996 as amended, redundancy payments or any payment due under
the contract of employment. |
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| Award
of Pay |
awards under
section 93 of the Employment Rights Act 1996. It does not include
awards made for unreasonably failing to supply the written statement. |
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| Computer |
any computer
or other electronic data processing device, equipment or system or
any hardware, software, programme, instructions, data or component
utilised in or by such item, or any actual or intended function of
or process performed by any of them. |
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| Commencement
Date |
the start
of the first Insured Period. |
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| Dismissal |
as defined
in sections 95 and 96 of the Employment Rights Act 1996. |
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| Employee |
a person employed
by the Insured under a contract of service. |
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| Enforcement
Notice |
an improvement
notice or a prohibition notice within the meaning of sections 21 and
22 of the Health and Safety at Work etc. Act 1974. |
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| Insured |
the organisation
named in the schedule. |
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| Insured
Incident |
the incident
or the first of a series of incidents which may lead to a claim under
this insurance. Only one Insured Incident shall be deemed to have
arisen from all causes of action, incidents or events that are related
by cause or time. |
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| Insured
Period |
the period
shown in the schedule. |
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| Limit
of Indemnity |
the maximum
sum payable in respect of an Insured Incident. |
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| Limit
of Indemnity in Aggregate |
the maximum
sum payable under this insurance in any one Insured Period. |
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| Proceedings |
the pursuit
or defence of civil, tribunal or arbitration proceedings or appeals
arising from them and the defence of criminal proceedings. |
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| Schedule |
the schedule
to which this Certificate attaches. |
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| Territorial
Limits |
United Kingdom,
Channel Islands and the Isle of Man. |
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| Underwriters |
Professional
Risks Insurance Limited. |
COVER
THIS INSURANCE COVERS Adviser’s
Costs up to the Limit of Indemnity cover.
The sections set out below
arising from Insured Incidents occurring in the Territorial Limits and
during the Insured Period in respect of Proceedings brought within the
Territorial Limits.
Limit of Indemnity
Under sections 1, 2 &
3 the maximum sum payable in respect of any one Insured Incident is £250,000.
Under
section 4 the maximum sum payable is £100 per Employee per day subject
to a maximum of £5,000 per claim.
The Limit of Indemnity in
Aggregate is £1,000,000.
SECTION 1
The Insured is covered for
Adviser’s Costs to defend Proceedings brought in an Employment Tribunal
by an Employee or former Employee alleging a breach of his or her contract
of employment or a breach of his or her statutory rights as an Employee
including payment of Awards of Compensation and Awards of Pay.
SECTION 2
The Insured is covered for
Adviser’s Costs to pursue an Employee or former Employee for breach of
a restrictive covenant contained in the Employee’s contract of service
and which has been approved in writing beforehand by Amicus.
SECTION 3 – Health
and Safety
The
Insured is covered to appeal against an Enforcement Notice served on it.
SECTION 4 – Attendance
Expenses
The
Insured is covered for Employees’ salary in respect of time away from
work attending a court or tribunal to give evidence at the request of the Adviser in respect of
a claim supported by this insurance.
Each
full or half day’s attendance will be calculated as follows:-
| a) |
The period
of absence will include travelling to and from the hearing. |
| b) |
The period
of absence will be calculated to the nearest half day where eight
hours is one day. |
| c) |
For full-time
Employees, one day’s pay is equal to 1/250th of their annual
pay at the time of attendance. |
| d) |
For part-time
Employees pay for the period of absence will be the same proportion
of the weekly pay as the period of absence is of their normal working
week. |
EXCLUSIONS APPLYING
TO SECTION 1
There
is no cover:-
| a) |
Where
the Insured Incident occurred within 30 days of the Commencement Date
or within 180 days if the Employee in question was at that time subject
to disciplinary proceedings or any verbal or written warning.
This exclusion shall not apply if the Insured had alternative
legal expenses insurance covering Adviser’s Costs and Awards of Compensation
immediately prior to the Commencement Date of this insurance.
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b)
c) |
For a claim
arising from the Dismissal of an Employee unless the Dismissal was
previously authorised by and handled in accordance with the advice
of the Amicus Legal Advisory Service.
For a claim arising from
a substantial alteration to an Employee's service and conditions
of employment unless the alteration was previously agreed by Amicus. |
| d) |
For a claim
for equal pay. |
| e) |
For a claim
arising from the Insured’s avoidance of liability for a redundancy
payment without the consent of the Amicus Legal Advisory Service,
or for monies or benefits due under a contract of service.
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EXCLUSIONS
1. There is no cover where:-
| a) |
The
Insured Incident began to occur or had occurred before the Insured
purchased this insurance. |
| b) |
The Insured
should reasonably have realised when purchasing this insurance that
a claim under this insurance might occur. |
| c) |
The Insured
fails to give proper instructions to Amicus or to the Adviser.
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| d) |
The Insured’s
act or omission prejudices the Insured’s or the Underwriters' position
in connection with the Proceedings. |
| e) |
The Insured
has alternative legal expenses cover. |
2. There is no cover
for any claim arising from:-
| a) |
Patents,
copyrights, trademarks, merchandise marks, service marks, registered
designs, intellectual or artistic property, secrecy, or confidentiality
agreements and passing off. |
| b) |
Computer software
other than proprietary packaged software that has not been tailored
to the Insured’s requirements. |
| c) |
Works undertaken
or to be undertaken by or under the order of any government or public
or local authority. |
| d) |
Planning
law. |
| e) |
The construction
of or structural alteration to buildings. |
| f) |
Defamation
or malicious falsehood. |
| g) |
A lease or
licence to occupy property or land. |
| h) |
Any consequence
of any failure of the Computer (by whomsoever owned or operated) to
recognise or respond to correctly and effectively any particular date
or period time (continuous or otherwise). |
3. There is no cover:-
| a) |
For
Adviser’s Costs incurred in avoidable correspondence or which are
recoverable from a court, tribunal or other party. |
| b) |
For fines
or costs awarded in criminal courts or for damages or interest. |
| c) |
For any sum
due under a contract of service. |
| d) |
For
claims made by or against the Underwriters or Amicus. |
| e) |
For judicial
review. |
f)
g) |
For an
appeal without the prior consent of Amicus.
For legal fees or disbursements
other than those incurred by a legal adviser appointed by Amicus. |
4. Contracts (Rights of Third Parties) Act 1999
A person who is not a party
to this contract has no right under the Contracts (Rights of Third Parties)
Act 1999 to enforce any term of this contract but this does not affect
any Right or remedy of a third party which exists or is available other
than by virtue of this Act.
CONDITIONS
1. The Insured
must:
| a) |
Agree
to act in accordance with the terms of this insurance and accept that
if the Insured fails to do so Underwriters may refuse to accept or
continue to support a claim. |
| b) |
Notify claims
as soon as reasonably possible within 180 days of the Insured Incident
and complete the claim form. This
must be returned promptly. |
| c) |
The Insured
must supply at this own expenses all of the information which Amicus
reasonably requires to decide whether a claim may be accepted. |
2. Choice of adviser
| A) |
Amicus
will appoint an Adviser to act on the Insured's behalf. |
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| B) |
The Adviser
will:- |
| i) |
Provide
a detailed assessment of the Insured’s prospects of success including
the prospects of enforcing any judgment obtained. |
| ii) |
Keep Amicus
fully informed of developments and provide such information as Amicus
may require. |
| iii) |
Keep Amicus
regularly informed of Adviser’s Costs incurred. |
| iv) |
Advise
Amicus of any offers to settle or payments into court.
If contrary to Amicus’s advice such offers or payments are
not accepted there shall be no further cover for Adviser’s Costs
unless Amicus agrees in its absolute discretion to allow the case
to proceed. |
| v) |
Submit bills
for assessment or certification by the appropriate body if requested
by Amicus. |
| vi) |
Attempt
recovery of costs from third parties. |
| C. |
In
the event of a dispute arising as to Adviser’s Costs Amicus may require
the Insured to change Adviser. |
| D. |
Underwriters
shall only be liable for costs for work expressly authorised
by Amicus in writing and undertaken while there are reasonable prospects
of success. |
| E. |
The Insured
shall supply all information requested by Amicus including information
which is legally privileged. |
| F. |
The Insured
is liable for any Adviser’s Costs if it withdraws from the Proceedings
without Amicus’s prior consent. Any costs already paid by Amicus
will be reimbursed by the Insured. |
3. Disputes
Any
dispute between the Insured and Amicus shall be referred to an arbitrator
who shall be either a solicitor or a barrister.
If the parties cannot agree on their choice of arbitrator the Law
Society may be asked to make a nomination.
The arbitration shall be binding and carried out in accordance
with the Arbitration Act. The
costs of the arbitration shall be at the discretion of the arbitrator.
4. Reasonable
prospects
At
any time Amicus, on behalf of the Underwriters, may form the view that
the Insured does not have a reasonable prospect of success in the action
it is proposing to take or is taking.
If so, Amicus may decline support or any further support.
In forming this view Amicus may take into account:-
| a) |
The
amount of money at stake. |
| b) |
The
fact that a reasonable person without legal expenses insurance would
not wish to pursue the matter. |
| c) |
The
prospects of being able to enforce a judgment. |
| d) |
The
fact the Insured’s interests could be better achieved in another
way. |
5. Cancellation
The Insured may cancel this
insurance by giving fourteen days’ written notice to Amicus. Amicus
may cancel the insurance by giving fourteen days written notice to the
Insured at the address shown in the schedule. No refund of premium shall
be made.
6. English
law
This contract is governed
by English law.
ENQUIRIES OR COMPLAINTS
If you are unhappy with any
aspect of our service please contact the Claims Director, Amicus Legal
Ltd, Two St. John’s Street, Colchester, CO2 7AA, telephone 01206-366500.
We will do our utmost to resolve the problem.
If you remain dissatisfied
you may then approach the Insurance Ombudsman, City Gate One, 135 Park
Street, London. SE1 9EA.
Amicus Leagal Ltd is a member
of the General Insurance Standards Council.
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