The insurance documents below are for your information.

If you are considering taking out our insurance policy, you should read them carefully.

  • Key Facts Policy Summary: Key features and exclusions of our policy explained.
  • Full Policy: How to use your legal expenses insurance and detailed information on all aspects of the cover provided including our terms and conditions.

Commercial Legal Expenses Insurance: Policy Summary

The purpose of this summary is to help you understand your insurance policy. It sets out the significant features, benefits, limitations and exclusions but does not form part of your policy or contain the full terms of the policy. You should read the full policy wording for a full description of the terms of the insurance, including definitions.

Insurance provider

This insurance is underwritten by Markel International Insurance Company Limited, 20 Fenchurch Street, London, EC3M 3AZ and administered by Abbey Legal Protection, a trading division of Abbey Protection Group Limited.

Who is this policy for?

It is designed for businesses who want to insure against the costs of legal or professional representation they will incur in the types of disputes described in the sections of cover below.

Period of insurance

The period of insurance is for 12 months or as otherwise stated in your policy schedule.

Premium

The premium payable is as stated in your policy schedule.

Claims notifications

This is a claims made policy which covers claims notified to us within the period of insurance.

Significant features, benefits limitations/exclusions

The following tables set out the significant features and benefits described in the sections of cover below and the significant/unusual limitations and exclusions of the policy.

Significant features

The most that we will pay All Sections of cover - £100,000 any one claim
For all claims in the period of insurance - £1,000,000
Territorial limits The United Kingdom of Great Britain and Northern Ireland
Excess As stated in your policy schedule
Increased Excess As stated in your policy schedule
Reasonable prospects of success

Your case must have at least a 51% chance of success, unless your claim is made under one of the following sections:

Employment disputes - Employment Tribunals response (ET3)
Employment disputes - Pre-hearing review/Employment status disputes
Criminal defence - Interview under caution

The sections of cover you benefit from are as stated in your policy schedule

Policy benefits/sections of cover Significant exclusions/limitations
Employment disputes
Cover for costs of representation in defence of an employment dispute at a/an:
Employment Tribunal response (ET3)
To enter a response to a claim (ET1)

Pre-hearing review/employment status disputes
To decide the employment status of a worker alleging to be an employee

Employment Tribunal hearing
Preparation for the hearing or negotiating settlement

County or High Court proceedings
Representation or negotiating a settlement

Employment Tribunal hearing/County or High Court proceedings only
We will not cover you if you have not followed either:

  • The advice of the Abbey advice line at the following times:
    1. Before suspending, disciplining, dismissing, starting a retirement or redundancy process or making or proposing to make changes to the terms of an employee's contract of employment which may be unfavourable to the employee
    2. When notified of a grievance, a complaint of discrimination (such as sex, race religion etc) or an appeal from an employee against action you have taken against them
    3. When an employee resigns or walks out after expressing verbal or written dissatisfaction

    or

  • The Acas code of practice on disciplinary and grievance procedures where applicable

Employment compensation awards
Cover for basic and compensatory awards provided to you, currently have a claim accepted under Section of cover: Employment Tribunal hearing:

All of Employment compensation awards
We will not cover you if the Employment Tribunal ordered you to reinstate an employee and you failed to do so

Awards of compensation
Compensation you are ordered to pay by a Tribunal

Settlement of a dispute
Compensation agreed by us in settlement of a dispute

Tribunal fees
Tribunal fees you are ordered to pay by the Tribunal or Tribunal fees as agreed in a settlement

Criminal defence
We will cover costs for your:

We will not cover claims:

Interview under caution
Representation (including written submissions) at an interview under caution

Interview under caution
Where you are required by the Police to immediately attend an interview under caution at a Police station

Prosecution defence
Defence of a criminal prosecution once you receive a summons accusing you of a criminal offence

Prosecution defence

  • Involving a motoring offence, an assault or a sexual offence, fraud, dishonesty, criminal damage or tax proceedings
  • For your employee, director or a partner of your business if charged under the corporate manslaughter or corporate homicide act 2007
  • Caused by seepage, pollution or contamination or any kind

Motor offences

  • Defence of a criminal prosecution where the conviction would result in the loss of a driving licence required by your director or a business partner to carry out essential business activities
  • Defence of a criminal prosecution for tachograph or weight offences

Motor offences
If there is an allegation of driving under the influence of drugs, alcohol or the use of handheld electronic equipment

What is not covered by this Policy?

  • Any claims where you do not have reasonable prospects of success in your case
  • Any costs incurred before we have consented to those costs being incurred
  • Pre-existing circumstances

Advice

You will have free access to legal, tax, crisis and stress counselling telephone advice services by calling the XpertHR Legal Line.

You will also be able to register for elXtr, an online Employment Law, Health and Safety Law and Business Law information resource portal.

Claims Handling and Claims Notification

Where recourse is necessary to a lawyer and proceedings are issued you are free to choose your own lawyer or suitably qualified respresentative provided the proposed lawyer or suitably qualified representative is appropriate and their proposed charging rate is fair and reasonable with regard to the particular proceedings.

Initial notification of a claim must be made immediately by writing to:

The Claims Department
Abbey Legal Protection
20 Fenchurch Street
London
EC3N 3AZ
Email: claims@abbeylegal.com

Cooling Off

If you are an individual acting for purposes outside your trade, business or profession, you have a right to change your mind and cancel your Policy within 14 days of insuring with us and receiving your policy documents, by writing to:

XpertHR
Quadrant House
The Quadrant
Sutton
Surrey
SM2 5AS

No charge will be made and any premium you have already paid will be refunded.

Your right to complain

If you are not satisfied with any aspect of our service or the insurance provided, you should contact us by writing to:

The Customer Services Manager
Abbey Legal Protection
20 Fenchurch Street
London
EC3N 3AZ
Email: complaints@abbeylegal.com

We will do our best to resolve your complaint but, if you are still not satisfied, you can refer the matter to The Financial Ombudsman Service.

The Financial Ombudsman Service
Exchange Tower
Harbour Exchange Square
London
E14 9SR
Helpline: 0800 023 4567
Switchboard: 020 7964 1000
Website: www.financial-ombudsman.org.uk

If you were sold this product online or by other electronic means and within the European Union (EU) you may refer your complaint to the EU Online Dispute Resolution (ODR) platform. Upon receipt of your complaint the ODR will escalate your complaint to your local dispute resolution service - this process is free and conducted entirely online. You can access the ODR platform on http://ec.europa.eu/odr.

Your right to compensation

The Insurer is covered by the Financial Services Compensation Scheme (FSCS). The Insured may be entitled to compensation up to 90% of the Claim in the unlikely event the Insurer cannot meet its obligations. Further information about compensation arrangements is available from the FSCS.

Applicable Law

If there is a dispute between you and the Insurer, you and the Insurer are free to agree the law applicable. Unless specifically agreed to the contrary this insurance shall be subject to the laws of England and Wales.