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    Management liability

    Employment practices liability

    Priya Vansh

    Priya Vansh

    Underwriter

    A growing area of concern for small businesses in Canada is Employment Practices Liability (EPL). Since 1997, there have been hundreds of cases, many of them with settlements over $50,000. For each case that results in a decision by a court or an administrative tribunal, many more are settled with significant payments by employers. In some cases, senior management faces personal liability for these exposures even if their company is insolvent.

    Claims can arise from a variety of exposures, including discrimination (sex, sexual orientation, age, race, marital status, illness, physical appearance, religious beliefs, etc.), harassment, assault, demotion, defamation, loss of reputation, unfair dismissal and infliction of emotional distress at work. Employers face potential awards granted by both administrative tribunals and by courts of law.

    Please note that this product is not available in Quebec.

    Traditionally, EPL coverage has been hard to find unless offered on a Directors and Officers Liability policy and usually with a substantial deductible. Recognizing the needs of smaller companies, we have developed EmPLoyrite™ – an Employment Practices Liability package specifically designed for businesses with up to 500 employees, who understand their EPL exposure but do not wish to purchase D&O insurance.

    EmPLoyrite is ideal for companies involved in information technology services, consulting services, engineering services, and healthcare services such as clinics and medical laboratories. EmPLoyrite is also ideal for your other clients operating in a variety of service and distribution industries.

    Added Benefits

    Not only will your clients receive broad coverage, there are also added benefits of being insured under our EmPLoyrite program. At competitive premiums equivalent to a few hours of an employment lawyer’s time, your clients will have access to a toll-free hotline for human resources, personnel and claims related questions, Rather than guess at the right course of action, your clients can pick up the phone and get immediate professional advice on the best course of action to follow. Early intervention and claims handling expertise are time and money saving devices. Your clients can call our team of legal professionals even if he or she only has a suspicion that a future claim may be lurking based on lunchroom banter.

    Clients will also be entitled to receive a Human Resources Handbook template that will help managers fulfill their human resources responsibility effectively. This handbook addresses issues such as the employment relationship policy; equal opportunity policy; the policy prohibiting sexual harassment; family and medical leave policy (with summaries of Federal and Provincial rights); benefits policy; standards of conduct; conflicts of interest; and electronic communication policy.

    This template will save your clients hours of work. Rather than build an employee handbook from scratch, they can simply tailor the template to suit their own needs.

    Highlights

    • Available limits of $100,000 to $5,000,000
    • Coverage for Canadian and U.S. employees
    • Coverage for claims based on discrimination, harassment and unfair dismissal
    • Coverage for claims made by employees, former employees or applicants for employment
    • Third party coverage available – for claims made by customers
    • Coverage for claims based on increased severance payments for unfair
    • dismissal due to an EPL violation
    • Coverage for punitive damages and exemplary damages
    • Access to a toll-free hotline for human resources, personnel and claims related questions
    • Be entitled to receive a Human Resources Handbook template

    Limits

    • Available limits of $100,000 to $5,000,000

    Employment practices liability forms

    Application forms

    EmPLoyrite Under 50 Employment Practices Liability Insurance Application
    EmPLoyrite 50+ Employment Practices Liability Insurance Application

    Fact sheets

    Beazley Canada Product Sheet - Bill 168
    Beazley Canada Product Sheet - EmPLoyrite-Employment Practices Liability