Can you sack an erni for refusing to work yee ?rtime
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The imposition of "prohibition" and "improvement" notices can be financially damaging and disruptive to production schedules.
Yes, employers today come under a good deal of fire. But this state of affairs has brought forth a new type of insurance contract. It is known as employers protection insurance and has been designed basically to indeminify employers against compensation awards made by Industrial Tribunals, Employment Appeal Tribunals or through conciliation proceedings, for unfair dismissal.
Two insurance schemes are currently in being, each one run by a different insurance company, but broadly on similar lines. To avoid confusion, I propose to refer in the main to one of these schemes only.
What cover is provided? First, there is compensation award cover relating to basic and compensatory awards made by an industrial or Employment Appeal Tribunal, or through "out of courtconciliation settlements.
Secondly, comes fees and expenses cover for defending a company against any allegation made by potential, present, or former employees.
Cover also extends to include the defence of prosecutio under the Health and Safety Work Act against the compar directors, managers or other ficers acting on behalf of t business.
In third place is a. free p sonnel consultancy service. TI is readily available to ansvi those detailed questions whi arise regularly and require immediate response. F example, problems range frt the correct procedures to avail claim for "constructive" d missal, to the correct way ending night shift work a overtime when turnover is 1
Under this section, advice available on contracts of e ployment, which can be draft specially for a company.
Fourthly, there is an adm istrative service under whi tribunal cases are handled behalf of the company from 1 ginning to end. In addition, 1 company is represented at cc ciliation proceedings or tribui hearings.
A handbook is provided the insurers which sets oui summary of the various Ai concerned and their impli tions. It also indicates the way make a claim under the in ranee policy and how to obt advice on problems from t rsonnel consultancy service. The rules governing the in. lance are detailed in the indbook. The intention behind e rules is that unnecessary gation will be avoided and to isure that opportunities for ttlement out of court to the Ivantage of the assured are not t.
Employment problems are rely solved by bludgeoning nployees with legal action; Nice and guidance are of uch greater assistance to the riployer. But failing settlement it of court, the assured's case II be presented as favourably possible.
As regards the insurance asict of this particular scheme, it underwritten by syndicates at ayd's of London, Security is a r-word in relation to Lloyd's, hich has been described as the ost reliable and flexible inirance house in the world, The personnel consultancy id administrative services are .ovidecl by Employers Protecin Insurance Services Ltd. This impany was formed late in )76 specifically to market and iminister the insurance con3ct which has been outlined in ese notes.
It employs a staff of ex-ienced personnel officers ho give the guidance and adce to employers as necessary -id also handle the tribunal ork.
The principals of the cornmy were responsible for the iginal concept of the scheme Id have been the architects )hind its development. Busi?,ss is building up at an encouigingly steady pace.