Skip to main content
Navigating Problems

Employment Tribunal Insurance

Excellent 450 reviews on Trustpilot

Staying on the right side of the law employment tribunal insurance

Every day, employment law becomes more complex. The price to pay for stepping onto the wrong side of the tracks has never been higher.

If you’ve avoided an employment tribunal so far, you should count yourself lucky, as the number of claims has risen drastically since the removal of tribunal fees in 2017.

Without the right advice, many businesses have found themselves in an impossible situation. It takes up huge amounts of their time and the legal costs spiral.

Many businesses can’t afford to employ an HR professional, but by working with The HR Dept you won’t need to. We can provide you with unlimited access to expert advice, backed by our seamless employment tribunal insurance.

If you’ve followed our advice, you’re covered against the type of employment claim that regularly cost employers tens of thousands of pounds in legal fees and tribunal settlements.

Get protected with our Employment Tribunal Insurance

Business postcode

Your enquiry will be sent to your most local office, based on the business post code you enter

Data storage 
Health & Safety

Advice line

When you sign up to our Advice Line service, you will benefit from unlimited HR and employment law support via phone and email. Whether you have a small HR team and need additional support, or have no dedicated HR function, our service can provide you with the reassurance and advice you need. And you get the comfort that we are never far away should you require us to support you face to face.

We provide a local and personal service and believe that to be able to deliver the most effective HR advice to your business, it is important to get to know your team and the HR issues you face.

With ever changing employment legislation, it can be a confusing position to be in as a business owner. Crucially, our Advice Line package includes tribunal indemnity insurance, that is backed with commercially driven HR and employment law advice. We tell you what you can do, rather than what you can’t.

If you’d like to know more about our insured Advice Line service, contact your local HR Dept today.

Up next read about employee absence management

Employment Tribunal Insurance FAQ

Whilst it is not necessary to have a solicitor or lawyer at an employment tribunal, you may find it useful. Through managing the complexities, a solicitor or lawyer can make the process less burdensome. They can help you prepare and present your case and may be able to advise you on how strong your case is or negotiate a settlement with your employee before it goes to tribunal. As part of our Advice Line package we can ensure this is as painless as possible as we can provide you with advice and legal representation for a fixed monthly fee. 

The average pay out at an employment tribunal depends on the claim that is brought. For example, in 2019/20 the average pay out for unfair dismissal was £10,812, for disability discrimination it was £27,043 and for age discrimination it was £38,794. Figures are often in the tens of thousands of pounds, which highlights the importance of having insurance in place.

In general, each party pays their own costs. This usually means that if you win you will still have a large legal bill to pay. It is rare for a Tribunal to award costs in the employer’s favour and even when they do, getting your money back can be difficult. With our Advice Line package you can protect your business from the unexpected legal costs of employment tribunals. 

The former employee has to register their complaint at the Employment Tribunal on form ET1. They can go straight to the tribunal without going through your company grievance policy if they choose, but if their failure to do so is deemed unreasonable they risk a 25% reduction in any award made to them. Both parties will be invited to take part in a conciliation process, but if this fails it will go to the tribunal procedure.

Tribunal procedures are less formal than going to court but you may wish to call witnesses to back up your case. The tribunal’s decision will be given at the end of the case or a few weeks later. If you do not like the decision you may be able to appeal.

Yes. With average pay outs of tens of thousands of pounds, it’s worth being prepared by getting employment tribunal insurance. However, it’s crucial that you have the right level of cover and aren’t paying out unnecessarily. At The HR Dept we offer expert advice so you are properly protected without wasting money.

Both parties are allowed to ask for as much information as they feel is necessary, and if one party fails to comply, the other side orders the disclosure. However, if you feel the information is not relevant and don’t wish to provide it, you can write to the tribunal and explain why.

Employers must respond to a claim within 28 days of being issued. If you wish to have more time to respond you can request it from the tribunal, however you should make sure you do this before the 28 day period is up. If you do not respond or are late, the tribunal may make a decision without a hearing.

If you lose you could be ordered by the tribunal to pay the employee compensation, damages, or loss of earnings, and/or pay their costs or expenses. You may also be ordered to reinstate the claimant into their previous role. The tribunal will tell you how much to pay and how. If you do not follow the order you may be brought to court for enforcement action to be taken. The HR Dept can support you through this process and our Advice Line insurance covers these awards if you have followed our advice.

As a respondent it is unlikely you will be given compensation if you win. However, it is possible that you can apply to be awarded costs if the claimant acted unreasonably or had no reasonable prospects of their claim succeeding. However, if the individual has limited personal finances the chance of enforcing a judgment and getting your money back is unlikely.

Contact your local HR experts