Legal Expenses Insurance

Employment disputes can be stressful and financially draining. They occur during a time in which your employment may be secure or that you are out of employment. Even strong cases require expert representation, with legal fees often running into thousands of pounds. It might be that you have been unfairly or wrongfully dismissed, discriminated or harassed at work or been dismissed for raising whistleblowing concerns. Fortunately, Legal Expenses Insurance (LEI) can provide crucial financial support, ensuring you have access to legal representation without the burden of legal fees.

Many people in the UK have LEI included in everyday financial products. It is often bundled into products such as:

• Home contents or buildings insurance
• Car or motorbike insurance policies
• Premium bank accounts or credit cards

If your policy covers employment disputes, it could fund:

• Legal advice and representation from start to finish.
• Barrister fees and expert reports

LEI does not affect any compensation due. It simply funds your legal representation.

Insurers will generally only fund claims which have a reasonable prospect of success (51% chance of success or above). Further, the level of cover may be capped at the potential value of the claim i.e. if the claim is worth £75,000, your insurers will cover legal costs and disbursements up to this amount, even if the policy terms provide for a higher level of cover.  

Businesses often have legal teams, insurance to defend claims or simply deeper pockets to defend the claim. LEI can therefore help level the playing field, ensuring you have expert legal support. Further, knowing you have financial backing allows you to focus on your employment claim rather than worrying about the legal costs being incurred.

If you believe you’ve been treated unfairly, check your insurance coverage early and seek legal advice as soon as possible.

How to check if you have LEI?

1. Review your home, car insurance or other documents for sections titled “legal protection” or “legal expenses”.

2. In any event, contact your insurer and ask if employment disputes are included and if there are any exclusions.

3. If unsure, contact us, we can review your documents and confirm if you have LEI cover for employment disputes.

Even if you’ve already started your claim at the employment tribunal, it’s often still possible to use LEI to fund the remaining stages, subject to that claim having reasonable prospects of success.

Do I have to use my insurer’s panel firm / solicitor?

We get asked this question a lot. The short answer in No. While insurers may initially suggest you use their “panel” solicitors, you have the right to choose your own solicitor once legal proceedings are issued or representation is reasonably required.

At Pinney Talfourd, we act for clients using LEI across claim such as:

• Unfair dismissal
• Constructive dismissal
• Discrimination
• Equal Pay
• Harassment or victimisation
• Whistleblowing
• Breach of contract / wrongful dismissal

We can deal directly with your insurers, secure cover and make sure your employment claim moves forward without unnecessary delay.

If I don’t have LEI, what are my options?

If you don’t have LEI, there are several other ways in which you could fund your claim / obtain advice, these include but not limited to:

• Private client retainer
• Damages-based agreement (‘DBA’)
• Conditional fee agreement (‘CFA’)
• Trade Union funding
• Equality and Human Rights Commission

Why choose Pinney Talfourd?

We are specialist employment solicitors with a proven track record of winning complex cases, including those funded entirely by LEI.

We are recognised by Legal 500 – an independent and definitive guide to the best law firms in the UK. Our employment lawyers are members of the Employment Lawyers Association.

We will:

• Identify if you have cover for employment disputes
• Liaise directly with your insurer to agree terms and secure funding
• Provide specialist representation throughout your case
• Maximise your compensation

Unlike many insurer panel firms, we offer a personalised, expert led legal advice tailored to your situation not a one-size-fits-all approach. We are committed to providing clear, practical, responsive and effective legal advice and achieving the very best results.

If you think you might have Legal Expenses Insurance, or you’re not sure, please contact us and we can explain your options and, if possible, get your case funded.