COVER


The insurer will indemnify the insured, subject to the insured’s contribution as shown in the schedule, in respect of legal expenses which arise from legal proceedings that: i)


are notified to us during the period of insurance; and


ii) arise from the conduct of the insured’s business; and iii) are made by or brought against the insured within the jurisdiction of a court within the territorial limits


in respect of: Section A - Employment Protection


i) the defence of any legal proceedings arising from a dispute with an employee, ex-employee or prospective employee relating to:


a) the contract of employment with the insured; b) actual or alleged breaches of their statutory rights under employment legislation


ii) the pursuit of any legal proceedings to recover possession of premises which are owned by the insured but occupied by an employee or ex-employee


provided that:


i) the insured has sought and followed advice from our Legal Consultants before materially changing or attempting to change the particulars of an employee’s contract of employment or dismissing an employee (whether or not by reason of redundancy);


ii) the insured agrees to appoint our Employment Advocacy Service as its appointed representative in relation to any proceedings before an employment tribunal.


Exclusions specific to Section A The insurer will not pay legal expenses arising from or relating to:


i) any benefit due under a contract of employment; ii) any payment made in respect of redundancy; iii) an additional award; iv) a protective award; v) any compensatory award specified in a reinstatement or re-engagement order or made because of the insured’s failure to provide written reasons for a dismissal;


vi) any interim relief or other interim payment; vii) any award made because of the insured’s failure to provide written reasons for dismissal; viii) any awards to the extent that they relate to contractual rights accruing to the employee, ex-employee or prospective employee prior to the actual or alleged breach of the actual or alleged contract of employment.


Section B - Employment Protection and Consultancy Services


i) the pursuit or defence of any legal proceedings arising from a dispute with an employee, ex- employee or prospective employee relating to:


a) the contract of employment with the insured; b) actual or alleged breaches of their statutory rights under employment legislation


ii) the pursuit of any legal proceedings to recover possession of premises which are owned by the insured but occupied by an employee or ex-employee


provided that:


i) during the twelve months following inception of this policy, the insured has sought and followed advice of our Regional Employment Consultants before materially changing or attempting to change the particulars of an employee’s contract of employment or dismissing an employee (whether or not by reason of redundancy);


ii) the insured agrees to appoint our Employment Advocacy Service as its appointed representative in relation to any proceedings before an employment tribunal.


In addition, we will provide consultancy services to the insured.


Exclusions specific to Section B 58


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