If a form ET1 (Originating Application) is received from an employment tribunal the insured must immediately forward it to us with form ET3 (Notice of Appearance By Respondent) which should be left blank.


In view of the 21 days’ statutory time limit this must be done immediately. 7. Appeal Procedure


Our consent must be obtained if the insured wishes to appeal against the judgment of a court. A written application must be submitted to us at least ten working days before the final date for lodging the appeal. The application must state the reasons for bringing the appeal. We will inform the insured of our decision.


The insured must co-operate in an appeal against the judgment of a court at our request. 8. Conduct of Legal Proceedings a) Nomination of the appointed representative


Other than in relation to those sections which state the contrary, the insured is free to choose an appointed representative to act in any legal proceedings to which we have consented. At the insured’s request we will assist in choosing one. The name and address of the nominee must be sent to us on appointment. We may refuse to accept such a nomination. Any dispute arising from the nomination procedure may be referred to arbitration in accordance with Claims Settlement Condition 3.


In selecting the appointed representative the insured shall have regard to the common law duty to minimise the cost of legal proceedings. In all cases the appointed representative shall be appointed in the name of and on behalf of the insured.


b) All information to be given to the appointed representative


The appointed representative must be given all information and assistance required. This must include a complete and truthful account of the facts of the case and all relevant documentary or other evidence in the insured’s possession. The insured must obtain or execute all documents as may be necessary and attend any meetings or conferences when requested.


c) Access to the appointed representative


We are entitled to obtain from the insured’s appointed representative any information, document, or advice relating to a claim under this insurance, whether or not privileged. On request the insured will give any instructions necessary to ensure such access.


d) Instruction of counsel or appointment of expert witnesses


If the appointed representative wishes to instruct counsel or appoint expert witnesses we will not unreasonably withhold our consent. The names of counsel or the expert witnesses must be submitted to us together with an explanation of the necessity for such action.


e) Where a claim for the amount in dispute is unlikely to exceed the small claims track limit


Where a claim for the amount in dispute is unlikely to exceed the small claims track limit we may carry out our own investigation and may attempt to negotiate a settlement. The insured will not unreasonably withhold agreement to any such settlement.


f) Our right to pay the insured instead of paying legal expenses


We may elect to pay the insured a reasonable sum not exceeding the realistic estimated value of any claim instead of paying any legal expenses. Such a decision will be entirely at our discretion and will be in full and final settlement of the insured’s claim.


g) Offer of settlement


The insured must inform us in writing as soon as an offer to settle legal proceedings is received or a payment into court is made. The insured will not unreasonably withhold consent to the appointed representative making an offer to settle the legal proceedings.


The insured must not enter or offer to enter into any agreement to settle without our prior written consent. Any such agreement must take into account the insurer’s interest in the recovery of costs.


If the insured unreasonably withholds agreement to a settlement we reserve the right to withdraw our support.


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