Searchlight Letter of the month

I would like to make a point with regard to Peter Done's response to a query about how to deal with an employee suspected of being an alcoholic under the heading Conduct unbecoming.

Because we are currently working on a project combining legal expenses with a human resources offering, the points made by Peter Done seemed to be missing one vital issue.

There is, from some research in which we have been involved, a perception among many brokers that selling legal expenses is fraught with difficulites relating to legal expenses providers avoiding claims because their 'prospects of success' are impaired. This is understandable if a client takes some pre-emptive action and does spoil the chance of a claim being successfully defended or promoted.

If the questioner takes the action suggested by Mr Done, and things go 'pear-shaped', he (assuming it to be a 'he') stands the risk of avoiding any legal expenses insurance he may have (as part and parcel of a package policy, for example). Indeed, this is a standard exclusion more or less across the market - if you do not contact your insurer before taking any action, the exclusion of cover can be effected.

Perhaps Mr Done should have suggested that the correspondent raising the query should have contacted his legal expenses supplier or broker before taking any action whatsoever.

On average, legal expenses providers will tell you that over 60% - a figure that is growing - of their enquiries relate to employment issues.

Nigel Dyer, Intelligent Marketing Partnership.