ARAG moves into criminal prosecution defence

ARAG is offering an innovative Family Prosecution Defence policy to protect individuals accused of criminal offences. The new policy guarantees the right and freedom to have a defence in court.

The cost of obtaining justice can be extremely high, even for those who are completely innocent. Family Prosecution Defence provides first class lawyers, protecting innocent family members of someone who is accused of committing a crime against serious financial consequences– such as the need to re-mortgage or sell the family car to fund a proper defence.

Plugging the defence funding gap caused by a combination of  savage cuts to  Legal Aid, changes to the rules on recovering costs at crown court trial and cover limitations that generally apply to existing Family legal protection products; the new policy extends  to areas such as allegations of dishonesty, violence, uninsured driving and alcohol or drug-related offences. All family members including those studying for further education away from home are covered.

 The burden of proof in a criminal trial lies with the prosecutor who is required beyond all reasonable doubt to prove that the accused is guilty of the charge. We’re here to ensure a quality defence is available so there is no miscarriage of justice.

Where an error of judgement has been made and an individual has been drawn into committing a crime, just as for those who are wrongly accused, individuals still have a legal right to a defence. They have the opportunity to apologise to the court and those affected by their actions. Under these circumstances, when a guilty plea is entered, the court can be lenient when passing sentence, if the judge is convinced of the defendant's remorse.

Family Prosecution Defence will typically be available to boost Family Legal Protection policies for High Net Worth individuals or for company directors and partners as an extension to commercial products, but the new policy is also suited to affinity groups.

 What is covered?

The new policy covers the majority of criminal acts but Class A and Class J offences (homicide, serious sexual offences, offences against children), corruption, money laundering, parking) or repeat offences are excluded. Most importantly, assistance can be sought before an arrest or notice of prosecution is received.

In addition to criminal matters cover is available to provide representation for individuals facing a regulatory investigation or disciplinary action by a professional body. Confidential telephone counselling and legal advice is also provided as well as access to an online consumer legal service website, for legal advice and documentation.

Policyholders are urged to add the 24/7 helpline number to their mobile contact list to ensure immediate representation is available for police interviews.

The number of lawyers prepared to take on legal aid cases has reduced as the rate they are paid makes it unattractive to work in that area, and the courts have realised a huge surge in the number of litigants representing themselves. Our FPD policyholders don't have to worry about that because they have access to the best people to help them and ARAG will be footing the bill.

David Haynes
Head of Underwriting and Marketing

British business urged to avoid employment problems in 2015

ARAG UK are forecasting another tough year for employers as complex new legislation kicks in. For 2015 a major stumbling block is likely to be shared parental leave and other new parenting rights which were created by the Children and Families Act 2014 and come into effect for births from 5^th April this year.

 The legislation will allow either parent to take responsibility for their child's care by co-ordinating up to 50 weeks' shared leave-taking between employers if necessary. Mothers must still take 2 weeks compulsory maternity leave after the birth and fathers are still entitled to two weeks' paternity leave. After that leave can be shared in single or multiple blocks of leave but employers will be able to refuse discontinuous leave patterns subject to entering into a two week discussion period. There are a number of notices to be completed which must be provided at least 8 weeks before the proposed Shared Parental Leave (SPL).

All leave must be taken during the first year of the child's life.  There will be 20 additional 'keep-in-touch' days to be shared between the parents.

 I know that experienced professionals are sometimes wilting under the pressure of accurately interpreting new rules, but ARAG are here to help get it right. Policyholders can get advice directly from qualified legal advisors and are insured against legal defence costs if disputes arise.

All ARAG commercial legal protection policies include online and telephone assistance backed up by comprehensive legal defence if an employment dispute arises. In addition, for those customers who want additional peace of mind, the Employment Practices Protection policy focuses on complete cover without the requirement for claims to satisfy “reasonable prospects of success” test following a health check of the policyholder's employment practices and procedures.

 In summary

·         SPL allows an eligible mother or primary adopter to share up to 50 weeks of leave and 37 weeks of statutory shared parental pay (SSPP) with their co-parent.

·         There are a number of eligibility tests that need to be satisfied.

 In addition

• Employees can return to work during SPL for up to 20 SPLIT (Shared Parental Leave in Touch) days.
• Existing terms and conditions continue to apply save in respect of remuneration. 
• Employees are entitled to return to work to the same role or a similar role, depending on the amount of leave taken.
• Employees are protected from detriment and dismissal in connection with exercising their rights to take SPL.

David Haynes
Head of Underwriting and Marketing

Children's Hospice Southwest Santas on the run

ARAG scores double with its underwriting service

Professional brokers have once again voted ARAG as the best Legal Expenses Team at the Underwriting Service Awards (20 November 2014) at the Royal Garden Hotel in London. From a strong short-list of four providers nominated through a detailed survey, ARAG followed success in the inaugural 2013 award with another outright win this year. They also scored highest out of all 13 winners, across all categories, to scoop for the first time the prestigious “Underwriting Service Awards Team of the year” against strong market competition.

“The awards are a true reflection of opinions that are uppermost in brokers' minds”, comments David Haynes, ARAG Head of Underwriting and Marketing. “Organised by the Incisive Media (publishers of Post Magazine and Insurance Age), they provide an accurate snapshot of how your people are perceived so it is gratifying to know that ARAG is held in such high regard.

“There have only been two opportunities to win and ARAG has triumphed at both. Winning the “Underwriting Service Awards Team of the Year” has really been the icing on the cake, we are thrilled. Receiving both of these awards reinforces our determination to provide something that is distinctly different and definitely better. What's more, this arrives just one week after we won the award for Insurance Provider of the Year at the Personal Injury Awards 2014, the third time in a row for our after-the-event team”.

Now in their fifth year, the Underwriting Service Awards are unique. They are based on large-scale objective input from UK commercial and specialist broking professionals, submitted through the annual Business Insurers Insight Study. Brokers graded the insurers they have worked with during the previous 12 months before verification and analysis of scores determined the winners announced at the awards ceremony on 20 November.

“As we develop our product profile in new areas it was important not to lose focus on our key values of innovation, service and independence so we are delighted that our broker partners have recognised this with their votes once again”, adds Mr Haynes.

Falling foul of employment law no longer 'inevitable'

As the holiday pay row heads for a review and possibly to the Court of Appeal, it's no wonder that many employers regard mistakes and Employment Tribunals as being an inevitable part of business life. But it doesn't have to be that way.

Those holding ARAG commercial legal protection cover benefit from guidance that can steer them through the constantly changing minefield of legislation, legal challenges and appeals that define correct procedures. Advice from ARAG is available online and from telephone helplines, so it's up-to-the-minute-correct and complemented by regular newsletters and e-mail alerts.

“Employment queries are by far the most common problems our teams are asked to assist with”, comments David Haynes, ARAG's Head of Underwriting and Marketing. “Even the most experienced HR professionals know how easy it is to get things wrong and constantly check with us on the latest situation. For smaller employers, with fewer resources, the helplines and on-line guides prove invaluable in day-to-day problem solving. Everyone wins”.

Recent headlines highlighted three similar disputes in a ground-breaking case at the Employment Appeal Tribunal (EAT); this resolved whether regular overtime, bonus payments or other 'normal' supplements should be included in holiday pay. Yet this is not the full story and a number of grey areas still exist. Voluntary overtime, backdated claims and the 'urgent' government review – let alone that possible Appeal Court application – muddy the waters.

On the face of it, the EAT ruling suggests that UK companies have been interpreting the EU Directive wrongly.  As things stand today employers should be paying supplements and overtime as part of holiday pay. They should also be putting right any underpayments, provided the interval between underpayments is no greater than three months. Any ruling referred to the Court of Appeal could mean that the absolutely definitive decision may be years away. In the meantime, policyholders can check ARAG free advice services for the current position.