Avoid Huge Out-Of-Hours Claims

Avoid Huge Out Of Hours ClaimsAvoid Huge Out-Of-Hours Claims

An Appeal Court ruling on out-of-hours pay has triggered concerns that the holiday park industry could face substantial claims from employees. Traditionally, holiday parks have provided a 24 hour on-call service as part of their daily role but staff may have only been paid for part of that time. Employment Tribunals have, in the past ruled that employees should be paid at least the minimum wage for the time they are on-call even if they are sleeping. That decision has been recently reversed by the Appeal Court for cases involving the care sector but it may not apply to the holiday park industry who could be open to significant compensation claims. It is estimated it could cost park operators more than £20,000 a year per employee and claims for compensation could go back several years. Now, Hull-based SJP Law, who provide a specialist legal service to the caravan and holiday park industry, have launched a dedicated service to help and advise holiday park owners. Alistair Latham, Director of SJP Law, said: “The Appeal Court ruling applies to the care sector and therefore should be used with great care. Ignoring the law in this area may still have dire consequences for the holiday park industry.” He explained that most holiday parks employ wardens to carry out a range of day time duties and to be on-call during the night should an emergency arise and he urged operators to review their employment contracts and working methods to safeguard against any potential liability. Mr Latham said: “This is a serious situation for park operators and we have set up a dedicated service to help them to assess their risk and to provide them with revised employment documentation and adapt their working requirements where necessary. “If park operators believe that this may be an issue for their business they need to take action sooner rather than later so that steps can be taken to reduce any potential liability.”

Don’t Take Employment Chance

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Employment claims can arise even where a potential candidate alleges discrimination resulting in them not being chosen for the job.

Don’t Take Employment Chance

We have all seen the publicity surrounding high-profile employment cases and the enormous sums of money awarded by the courts. Yet, how many of us appreciate these types of claims are far closer to home than we realise.

“Even if a claim is groundless or fraudulent, the legal costs can be hugely expensive as can be the loss of time and resources needed to prepare the defence,” advises Peter Heffer of Lorica Insurance who provide a bespoke scheme for holiday park operators.

“In reality, a business has no control over who will raise an allegation against them and you have no control over, nor can you prevent, a disgruntled employee from lying or exaggerating.”

With this in mind, Lorica provides employment insurance protection. Cover is provided against claims made by employees, former employees and potential employees for discrimination, wrongful termination of employment, sexual harassment and other employment related allegations. Cover extends to both the employing company and its directors and officers.

We tend to think of employment claims being made by current employees but equally, claims can arise during the pre-employment phase where a potential candidate alleges discrimination resulting in him/her not being employed. We all hope this will not happen to us but can you afford to take the chance? Do you know where to go for specialist support should this happen to you?

First class employment lawyers are expensive, could you meet these costs? Talk to the Lorica team today to be sure you are prepared and covered for all eventualities.

Lorica Insurance Brokers
Tel. +44 (0)7827 895671