Some insurance policies went a good bit further covering interruption where an owner was locked out of his premises or where there was an infectious disease in the area where the business was situated.

In March of 2020 many business owners were precluded from trading on account of the government instructing them to close their doors and to stay at home. Some owners reached for their policies attached to their business only to be told that the policies were not such as to cover the losses caused by the pandemic.

The Financial Conduct Authority (FCA) went to Court with several of the insurers to obtain a ruling as to whether policy definitions were such as to justify payments being made. Whilst the proceedings were brought with the policies of the various insurers involved in mind the judgment was of use as a guide to other insurers that may have issued policies.

The Court came down on the side of the FCA and suggested that some policies would oblige insurers to make payment subject to proof of loss. The Judgment was in September last year and perhaps not surprisingly the insurers appealed asking the Court to address six areas within that appeal. The FCA also appealed as to part of the Judgment as well. The Appeal Judgment was handed down today and runs into

The FCA wanted a clarification of “disease clauses”, the clarification of “prevention of access clauses”, the connection between the losses and the pandemic, the use and effect of trends clauses in policies ,The case of Orient Express Hotels Limited v Assicurazioni , and the extent to which the business would have lost out owing to the pandemic anyway regardless of whether the business was closed by the government advice.

The Court decided in favour of the FCA. The Court decided that the insurers could not argue that the policies only applied in relation to local infections with local lockdowns and that the insurers could not argue that the business closing was irrelevant in that on account of the pandemic the losses would have occurred anyway.

Any one that has had a letter from insurers saying that they can no longer claim should revisit the letter and seek advice on account of the decision.

For more information, or if you need representation and would like to arrange a free initial consultation, email info@sthelenslaw.co.uk or call 01744 385171.

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It does seem that job losses are inevitable, but Covid 19 does not mean that employers can simply tell an employee that he/she is no longer needed.

Provided you have sufficient service (and this varies depending on the reason for dismissal) you are still entitled to seek a remedy through the Employment Tribunal, either on the basis that your dismissal was unfair or that the process that ended in your redundancy was insufficient.

Whilst the cost of going to a Tribunal is seldom recovered from the employer there are ways that funding can be obtained either by the solicitor acting on a contingency fee basis or by utilising legal expenses insurance that may be on a contents insurance policy held by you.

Covid does not mean that employees are without remedies. The remedies are exactly the same.

Employers need to be sure that the process both for dismissal and redundancy are compliant with the legislation. For the want of proper procedure what could be a proper and unchallengeable redundancy or dismissal might turn out to be unfair. Better to check and do it correctly rather than take a risk.

Please contact Howard Nulty to arrange an appointment, call 01744 385171 or email info@sthelenslaw.co.uk.

Appointments can be arranged in the office from Monday 6 July and clients attending the office will be advised to wear a mask and social distancing will be observed. Appointments can also be arranged via online platforms, Zoom and Teams.

The post Employment problems of Covid 19 appeared first on St Helens Law.

A lot of the policies issued also have in them “business interruption” clauses that were never asked for by the insured and some may not even know that they are there.

If you have one of these clauses then you may be entitled to compensation for the loss of revenue caused by the pandemic.

The nature of the clause may well be related to closure of the premises by the lockdown or some may be related to the actual presence of infection in the area causing you not to be able to work.

The applicability of these clauses to Covid 19 is a matter of interpretation as obviously no such pandemic has affected this country in modern times.

You may have made a claim to your insurers and heard nothing or simply were told that you were not covered.

The insurance industry are participating in a series of test cases in June and July to clarify what the various clauses mean and how they are to be interpreted by claimants and insurers going forward.

We are gathering in claimants to assist them to make these claims. We are dealing on a contingency basis, namely a percentage of the damages received.  If you want to be part of the process then please simply download the enquiry form and contingency fee agreement using the links below:

• Enquiry form (PDF)
• Contingency fee agreement (PDF)

Complete your forms in full and return by email to howard.nulty@sthelenslaw.co.uk. We will then review your information and contact you to discuss your claim.

The post Business Interruption – Could you make a claim? appeared first on St Helens Law.

In 2020, The world has witnessed a significant change and attitudinal shift in both women’s and society’s thoughts about women’s equality and emancipation. Many from a younger generation may feel that ‘all the battles have been won for women’ while many feminists from the 1970’s know only too well the longevity and ingrained complexity of patriarchy. With more women in the boardroom, greater equality in legislative rights, and an increased critical mass of women’s visibility as impressive role models in every aspect of life, one could think that women have gained true equality. The unfortunate fact is that women are still not paid equally to that of their male counterparts, women still are not present in equal numbers in business or politics, and globally women’s education, health and the violence against them is worse than that of men. However, great improvements have been made. We do have female astronauts and prime ministers, school girls are welcomed into university, women can work and have a family, women have real choices. And so each year the world inspires women and celebrates their achievements.

You can access more information about this at:

https://www.internationalwomensday.com/

This year the theme is #EachforEqual. An equal world is an enabled world. Individually, we’re all responsible for our own thoughts and actions – all day, every day. We can actively choose to challenge stereotypes, fight bias, broaden perceptions, improve situations and celebrate women’s achievements. Collectively, each one of us can help create a gender equal world.

So put your arms out front and strike the #EachforEqual pose to motivate others and to make International Women’s Day YOUR day.

SHL Solicitors is delighted to support International Women’s Day and promote a future  where everybody is taken on merit without any reference to gender, race, sexuality, being differently able or any other issue that sees an inequality in opportunity.

Let’s all be #EachforEqual.

The post International Womens Day 2020 appeared first on St Helens Law.

If you are looking for specialist legal advice, St Helens Law provides a wide range of professional legal services, some of which are available on a fixed fee basis.

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