We understand that sometimes you need more information when trying to decide on which policy is right for your clients.

To help you choose we’ve put together some examples of the most frequently asked questions relating to our Business policy to provide clarity where you and your clients need it most.

Employment Disputes

Q: I employed a member of staff who displayed aggressive behaviour on more than one occasion resulting in numerous complaints from customers and colleagues. After a heated discussion with another employee, they left the premises and refused to return to work. It’s a couple of months later and I’ve received a notice from an Employment Tribunal claiming that I unfairly dismissed the employee. What can I do?

A: We would instruct a solicitor to respond to the Employment Tribunal on your behalf, making sure that their response protects your position. The solicitor would assist you throughout the course of legal proceedings and a Barrister may be appointed if the case went to full trial.

Employment Compensation Awards

Q: During a time of change for my business I contacted your helpline in regards to making a member of staff redundant. The employee subsequently made a claim for unfair dismissal against me based on grounds of discrimination due to religious beliefs. You instructed a solicitor to defend the claim at a Tribunal and we lost. I was ordered to pay a basic award of £5,160 and a compensatory award of £6,000. What can I do?

A: We would authorise and pay the legal fees and make a payment to the claimant for the amount awarded of £11,160.

Data Protection

Q: I recently had a break in at my work premises, I’m an accountant and some papers were stolen. A client has commenced legal proceedings against me under S13 of the Data Protection Act 1998 as their private and financial data has been passed on to a third party causing them significant financial hardship. What can I do?

A: If you are able to prove that all reasonable controls were in place at the time of the break in then MSL would appoint a solicitor to defend the claim, ultimately aiming to avoid a large claim for compensation.

Contract Disputes

Q: I’m a builder and was undertaking some sub-contractor work on a building site for labour only. Following completion, the building firm I was working for refused to pay my final invoice due to substandard materials used in the flooring that will mean it needs to be re-laid. As I was only providing labour I don’t feel that I am liable for materials and the invoice for labour should still be paid. What can I do?  

A: We would review your contract and if there are reasonable prospects to defend the case we would appoint a solicitor and issue legal proceedings to recover the outstanding debt in full.

Undisputed Debt Recovery 

Q: We have a customer who regularly places business with us and invoices are usually settled under standard business terms within one month of the delivery of the goods. Unfortunately, over the last three months, they have failed to pay, despite making numerous promises to do so. What can I do?

A: It seems clear that the customer has no intention of paying, whether that is down to business or personal issues really isn’t your concern. We would appoint a debt recovery specialist to assist in recovering all outstanding invoices in full.

Tax, PAYE and VAT Protection

Q: I received notification from HM Revenue and Customs that my business accounts will be subject to a full enquiry for compliance. The investigation took 18 months to complete and concluded that my records were correct and that no tax liability is payable. I’ve since been hit with an increased accountant’s bill for £2,500 as a result. What can I do?

A: As you notified MSL at the outset, we are able to settle the bill in relation to the additional fees incurred in the process of the HMRC investigation.

Property Protection

Q: I own a shop on the high street that has a small alleyway to the side between myself the neighbouring business. I use the alleyway for gaining access to the rear of the shop for deliveries and in the last few weeks, the neighbouring business has started to store boxes and waste materials blocking my access. What can I do?

A: If you’re able to prove the alleyway is owned by yourself as part of your contractual lease we would pursue a claim for legal trespass and nuisance against the neighbour. MSL would appoint a solicitor to issue legal proceedings to have the obstructions removed and an injunction against the neighbour to prevent a further reoccurrence of the problem.

Bodily injury

Q: One of my drivers hurt themselves while out on a delivery. They were unloading the goods and tripped over a pile of rubble that had been left at the access door. My driver suffered cuts and bruises and a broken toe. What can I do?

A: We would appoint a solicitor to issue legal proceedings against the shop owner for negligence. We would chase damages including a compensatory amount for pain and suffering and any financial losses such as loss of earnings as the employee would need time off work due to his injuries.

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