Rebecca Bennett
Solicitor
Make an enquiry
Date Published:22 Sep 2021 Last Updated:13 Oct 2021

Can legal expenses insurance fund an Employment Tribunal claim?

Employment Law Advice

Most of us will have policies of insurance, whether it is for a house, vehicle, life, health and/or travel.

A lot of people are unaware that their policies may include legal expenses insurance. This does not apply for all policies but may be an optional extra when purchasing an insurance policy or may be included as part of your standard policy. You should check your policy carefully to see if it includes legal expenses insurance.

How can you use legal expenses insurance to bring an Employment Tribunal claim?

We understand that the cost of pursuing an Employment Tribunal claim acts as a deterrent to an employee in pursuing their employment rights.

Legal expenses insurance could cover the following claims against your employer:-

  1. Discrimination
  2. Unfair dismissal
  3. Wrongful dismissal
  4. Breach of contract
  5. Whistleblowing

You should check your policy carefully to see if there are any exclusions.

What steps do I need to take to use my legal expenses insurance?

If you are in a dispute with your employer, the necessary steps that you will need to take will depend on what is required by your insurance provider. In the first instance, you should contact your insurance provider for further information about legal expenses insurance.

The insurance provider will likely carry out a case assessment to evaluate your potential claim as to whether it has ‘reasonable prospects of success’ i.e. more than 51% likely to succeed.

You should ask for a copy of the policy documentation and review this carefully to see what types of claims are covered under the policy and to check if there are any exclusions.

Can I choose my own solicitor to represent me?

Yes. If your insurance provider accepts that it will offer you legal expenses insurance for your potential claim, you are entitled to choose your own solicitor. You should discuss this with your insurance provider.

What will legal expenses insurance not cover?

Legal expenses insurance differs between different providers however, in general, providers are unlikely to agree to cover issues that started before you bought the policy or your legal costs paid before your claim is accepted by the provider.

Insurers will not cover any retrospective legal costs before they have agreed cover is in place.

How can Ellis Jones assist?

If you would like assistance with an Employment Tribunal claim and you have legal expenses insurance, please contact our Employment Solicitor, Rebecca Bennett on 01202 057747 or email rebecca.bennett@ellisjones.co.uk