From a ban on fire and re-hire to workers’ rights from day one. What does Labour’s pledge mean for your clients?
Are your terms and conditions fit for work?
Labour promised to make work pay. They promised to overhaul the employment legislative landscape to get better pay and conditions for the UK’s 33.09 million employed workforce.
They meant business.
Many of their planned reforms hit the headlines. From banning unpaid internships and zero hours contracts to employees having the right to request flexible working arrangements from day one. The latest radical plan to introduce a 4-day working week for full time employees is also big news.
But what other reforms can we expect in the last quarter of 2024 that haven’t quite made the front pages?
Irwell’s Senior Class Underwriter in Legal Expenses, Billi Cobley summarises seven changes employers should be prepared for to avoid exposing themselves to the risks of costly, stressful and time-consuming tribunals.
1. Stable and predictable contracts
Workers with unpredictable working hours, or a fixed-term contract of less than 12 months, will have a right to request a more stable and predictable contract after 26 weeks of service.
2. Fire and re-hire
A new statutory code of practice will set out a procedure for employers to follow when considering dismissals for employees who do not agree to changes to their terms and conditions.
3. Harassment and bullying
A duty requiring employers to proactively prevent sexual harassment by taking “reasonable steps” will be introduced.
The Bullying and Respect at Work Bill proposes a statutory definition of bullying and will allow employees to bring a standalone claim in a tribunal.
4. Pensions
Under proposed pension auto-enrolment rules, the lower earnings threshold will be removed and those aged under 22 will be in scope of the scheme.
5. Gender pay gap
Regulatory exemptions from gender pay gap reporting will be extended to businesses with fewer than 500 employees.
6. Paternity leave
Legislation will be introduced to allow employees to take paternity leave within the first year after the birth and also split the leave into two blocks as long as they give 4 weeks’ notice of the dates when they wish to take the leave.
7. Neonatal care leave
Under the Neonatal Care (Leave and Pay) Act 2023, parents of babies who are admitted to hospital before 28 days old for at least one week will get a maximum of 12 weeks paid statutory leave in addition to their maternity or paternity leave.
Tribunals on the rise
In 2023/24, employment tribunal receipts and disposals increased by 7% and 16% year-on-year. Meanwhile, open cases increased by 3% to 653,000 over the same period.
This rise in cases underscores the need for an appreciation of employment legislation, having preventative measures and HR policies in place – and legal expenses protection that can ease the burden should a legal issue arise.
Source
Reforming the UK’s rental market
National Insurance Awareness Day.
Yes, there is one. Really. Us insurers have our day on 28 June. The day after National Bingo Awareness Day.
Insurance isn’t renowned for being a hot topic round the dinner party table or down the pub. It’s a grudge purchase. A necessary evil. Something most people and businesses try not to think about until the dreaded renewal day – or in the event of an unwelcome accident or incident.
That’s when us insurers become the unsung heroes of the FS world. We’re there to save the day when the hammers come down.
Insurance in the UK rose like a phoenix from the flames around the time of the Great Fire of London, where the devastation drove some canny cockney to conjure the idea of property insurance.
From there sprang the many forms of insurance we know today – from home and motor to health, wealth and business liability to alien abduction, ghosts and body parts.
Yes, you read that right.
Insurance that’s out of this world.
If you have ghosts haunting your business, who you gonna call? Maybe your insurer wouldn’t be your first port of call, but believe it or not, some UK business owners have insurance policies to protect their business and employees from the spooky supernatural.
You may not believe in aliens, but it turns out that many do. One London company has sold more than 30,000 alien abduction policies throughout Europe.
Meanwhile, back on planet earth, Julia Roberts has reportedly insured her smile for $30 million, Beckham’s legs are protected by a $195 million policy and Keith Richards hands have a $1 million price tag.
National Insurance Awareness Day was created to remind people and businesses about the importance of their insurance plans and policies.
We couldn’t agree more. With over 30 years’ liability experience, we’re an old hand in the insurance world. Or so we thought.
Insurance actually dates back to 3000-2000 BC and was even found inscribed on the Code of Hammurabi, the first written laws.
Share that little known fascinating insurance fact at you next diner party or board meeting.
#nationalinsuranceawarenessday
Manage and minimise business H&S risks
World Day for Safety and Health at Work is observed each year on 28 April. The day helps to raise awareness about the prevention of occupational accidents and work-related ill-health.
All employers have a legal and moral duty to provide safe, secure and healthy working environments. However, for many businesses, the first time they find out if they are non-compliant with health and safety legislation is when it’s too late – following an accident, a claim or an enforcement visit.
The most recent HSE statistics for 2022/23 are cause for concern:
- 135 workers and 68 members of the public killed in work-related accidents
- 1.8 million people suffering from a work-related illness, of which
- 875,000 workers suffering work-related stress, depression or anxiety
- 473,000 workers suffering from a work-related musculoskeletal disorder
- 561,000 people sustained an injury at work
- 35.2 million working days lost due to work-related illness and workplace injury
- £20.7 billion estimated cost of injuries and ill health from working conditions
Health and safety matters
The construction and agriculture, forestry and fishing sectors account for the greatest number of workers killed in fatal accidents each year.
The most common causes of fatal accidents were falls from a height, hit by a moving, flying or falling object, and struck by moving vehicle. These accounted for around two-thirds of fatal injuries to workers and are dominated by male workers (96%) with 25% aged 60 and over.
Preventing or tackling work-related stress and injury can provide significant benefits to employers and employees. Improving employee safety, health, wellbeing and overall work experience leads to increased productivity, decreased absenteeism and reduced staff turnover.
Prevention is better than cure
That’s why Irwell’s liability insurance policies include SafeCheck – a health and safety compliance assessment tailored to the unique needs of each business.
SafeCheck only takes around an hour to help:
- ensure the safety of employees, customers and the general public
- meet H&S compliance and duty of care obligations
- reduce business risk of fines, claims and prosecutions
Watch this short video which explains how SafeCheck can help manage and minimise business risk in 4 simple steps
April 2024
The force of nature
Insurance gets a digi-makeover
Do you remember back in the 70s when insurance was sold by doorstep salesmen working on commission? And policy payments were collected fortnightly – in cash? I do. My mum kept a tin of spare change and a little notebook and pencil to keep a record of what she’d paid.
How times have changed. Digitisation is taking over the insurance sector faster than streaming replaced Betamax.
It’s no secret that outdated tech and slow new tech adoption have lingered in the insurance industry. But even the most risk-averse and traditional insurers are under pressure to reassess their business models and take the leap into digital transformation.
Tech takes over tradition
A recent global survey found that 99% of insurance organisations plan to update their technology systems this year including their broker and MGA platforms and claims, renewals and policy administration systems. Some are even introducing drones into their risk assessment armoury.
This transformation is being accelerated by the impending requirements Consumer Duty compliance requirements and Lloyd’s Blueprint 2.0. This digital strategy aims to deliver better, faster, and cheaper solutions to help all insurance participants navigate the complex and fast changing risk landscape.
Your AI claims adviser will be with you shortly
When it comes to customer experiences and claims handling, the bar continues to be set high. From paperless, peopleless claims filed online to payouts and policies issued in minutes.
The switched-on customer of 2024 wants speedy, seamless, streamlined and stress-free processes. They also demand user-friendly portals, on-the-go apps and access to 24/7 support – delivered how the customers need it. Whether that be with a ‘real’ person, a chatbot or a website with accessibility adjustments.
Claims departments are often the butt of insurance customer complaints. It can be the only time a customer interacts with their broker or insurance provider. Insurers that don’t embrace technology to refine and speed up their claims process may risk losing even their most loyal customers.
In 2023, Lemonade shook up the insurance industry by settling a claim in a record-breaking two seconds. Although that’s not a realistic benchmark for claims handling best practice, it demonstrates what can be done with the wonder of AI.
AI take-over
Last year, ChatGPT was the fastest-growing consumer software application in history. It now has over 100 million users prompting the launch of several competing products as businesses reaped the rewards of what AI could do – and learned from what it couldn’t.
These products will continue to influence how the insurance sector operates and will utilise their capabilities for underwriting, claims handling, and new product development.
A SaaSy business
Legacy insurance solutions were designed to be off-the-shelf, one-size-fits-all but now thanks to the trajectory of SaaS software, bespoke solutions that suit the needs of very specific cohorts and niche businesses are becoming more mainstream.
Companies that gather and interrogate data to produce risk assessments and actionable evidence are growing in number. Emerging technology plays a big part in delivering these insights to insurers, brokers and MGAs. Geospatial images and drone footage can prove to be invaluable in many high-risk, high-profile claims cases.
So, whether you love, loathe or tolerate tech, it is here for the long-haul, so best keep up.
April 2024
International Women’s Day 2024 #Inspire Inclusion
Everyone everywhere can build on IWD’s achievements in forging positive change for women and girls worldwide – from equality in education to breaking the boardroom glass ceiling. Everybody can ‘inspire inclusion’ by embracing diversity of race, age, ability, faith, body image and gender identity.
Today we celebrate Irwell’s Head of Operations, Sophie Doel’s professional and personal achievements on International Women’s Day.
Sophie passed the bar and worked as a solicitor specialising in liability before joining Irwell. She has extensive insurance experience in property, legal expenses, employment protection and commercial liability. Passionate about developing people and corporate culture, Sophie is the Complaints and Vulnerable Customer Champion, as well as the HR, Training and Development Lead at Irwell.
Outside work, she is mum to two girls, so on International Women’s Day it seems appropriate to ask about her journey from Harwood Park Primary School to Irwell’s Senior Management team and how she juggles being a working mum.
#IWD2024 #InspireInclusion
What do you most appreciate in your work environment?
The people make a workplace and I’ve made some lifelong friendships in each role I’ve worked in. Having people you trust, and who you can speak openly to and being entirely yourself with make the difference between somewhere you feel at home, and somewhere you know isn’t for you. Irwell is full of great people who I feel lucky to have met and work with, both personally and professionally.
A typical day as Head of Operations
Hectic and no two days are alike! My role is all about providing operational excellence in every area of our business, from improving seamless client services, product development, claims procedures to mentoring. In one day, I can be in an underwriting review with senior management then training my team about Consumer Duty implementation before dashing across town to attend a BIBA event to network with industry peers. I love the variety and the challenge of spinning many plates!
What’s the best career advice you’ve been given?
Always be the hardest worker in the room – there are going to be great people in any environment you find yourself in, but natural talent will only take you so far. Be disciplined, even when you’re not feeling motivated and eventually, you will outshine the competition and get where you want to go.
What career advice would you give to your daughters?
Don’t expect to love what you do all the time. The journey of getting anything worth having is tough; if it wasn’t, everyone would do it. But be happy – this is all that really matters and, if whatever path you’ve taken doesn’t bring you this, choose a new path as best you can.
What was your first job?
My first job was in a boarding kennels when I was 13. I worked all day every Saturday for £10!
Which woman do you most admire and why?
Judge Judy – I have always found her so inspiring to watch! She’s so intelligent and intuitive, I can’t imagine anyone outwitting her! I love that it’s clearly the ‘real’ her we’re seeing, she’s not putting it on for TV. She’s not afraid of anyone and quickly gets the measure of people.
What advice would you give your younger self?
You don’t have to be perfect. I am a real perfectionist which, although has maybe served me well in my career so far, as it makes me push myself that little bit harder, it’s tough to maintain in every facet of your life. Sometimes ‘good enough’ is ok; you have to know when to give yourself a break (something I’m still working on).
What advice would you give young women looking to work in Financial Services?
Grab every opportunity you can. Network and meet people, learn about the industry, the individual business and how it all pieces together. Look for a good Graduate Programme (like ours at Irwell!) to get your foot in the door, as you can often get a breadth of experience of different areas on these schemes, giving you the opportunity to work out where you will best fit.
3 tips to working mums about managing the work-life balance
I’m not sure I am the best to answer this one, but I’ll give it a go!
1. Accept you’re sometimes going to be doing a better job of one thing than the other, and that’s ok. You can’t give 100% to two demanding roles all the time.
2. Remind yourself what an example you’re setting to your children. If they grow up and want a successful career as well as raising a family (which I accept, not everyone does!), they can do it.
3. Be kind to yourself and make time for little pockets of ‘you’ time. When children are young, these can be few and far between but it’s not selfish to take time to re-charge.
How does Irwell inspire inclusion?
We have a very diverse team here at Irwell – we are an eclectic mix of ethnicity and religions, new graduates in their twenties, employees who have been with us for almost 30 years and people from Brazil, Dubai and Denton. We even have City and United fans who work well together! My aim is to mentor my team to help them achieve their career aspirations and get them onto the Board if that’s their ambition.
March 2024
Consumer Duty
Putting customers first and foremost.
Having successfully implemented Irwell’s approach to the Consumer Duty, Chris Breakwell, our Chief Risk Officer has just returned from the Informa Consumer Duty 2024 Conference. Chris took part in a panel discussion with an audience of financial services delegates to discuss how communications can be best adapted to meet the needs of customers with vulnerable characteristics.
The Consumer Duty introduced a new Consumer Principle – to deliver ‘good outcomes’ for retail customers. This is built upon the cross-cutting rules that require firms to:
- Act in good faith.
- Avoid causing foreseeable harm.
- Enable and support customers to pursue their financial objectives
Sounds sensible. Seems reasonable. But what does this mean in practice?
In short and sweet terms, Consumer Duty is all about putting the customer at the centre of what your business does.
Your customer may not always be right – but making sure you understand and listen to your customers’ concerns will help you to achieve good outcomes for those customers. Clients need to know they matter. Don’t take them for granted. Never be complacent. This may sound like wise words from a marriage guidance handbook, but building long-term, trusting relationships is just as important in business.
So, first and foremost, cast aside your preconception that your business is one of the ‘good guys. Even good guys can always do better. Best practice is a movable feast, not a final destination.
Customer Duty compliance
Some products and services don’t provide the same good outcomes to customers forever.
What started out as the perfect product or smart service for a first-time property investor, a new business start-up or growing hospitality or hotel chain may not necessarily satisfy their evolving needs throughout their lifetime journey. It’s your job to ride alongside and ensure your products continue to deliver what customers need in the face of their evolving circumstances.
This goes over and above simply treating them fairly or charging a fair price. It’s about recognising that customers are unique, and their circumstances change over time – and so must the way you service their needs, the products you develop and the way you communicate with them.
Sheldon Mills, from the FCA, explains that the duty is needed because all too often consumers are “not given the information they need to make good decisions and are sold products or services that do not offer the benefits they might expect.”
Undoubtedly Consumer Duty should – and will drive change in company culture. Successful financial services firms will put customers at the heart of what they do. Successful businesses will innovate and develop products and services that meet consumer’s expectations and deliver good outcomes.
Those that don’t, face being held accountable by the FCA.
Raising standards in customer products and protection
Consumer Duty is all about achieving ‘good outcomes’ for customers.
But what will these ‘good outcomes’ look like?Good outcomes relate to products and services, price and value, consumer understanding and consumer support. In summary, Consumer Duty demands that businesses must:
- Provide products and services that are specifically designed to meet the needs of customers and sold only to those whose needs they meet.
- Make it as easy to switch or cancel products, as it was to take them out.
- Give helpful and accessible customer support.
- Supply timely, clear, and understandable information about products and services, so that people can make good financial decisions.
- Provide products and services that are right for their customers and that provide fair value
- Focus on the real and diverse needs of customers, including those in vulnerable circumstances.
From the way companies support victims of financial fraud to ethically and professionally handling pension transfers, investments, or insurance claims, the FCA is watching. Communications with vulnerable customers, and those who are, or could be, in situations that could lead to vulnerability, will all be under the scrutiny of the FCA spotlight.
Be prepared. The devil is in the detail.
Is your brand font legible? Do you supply accessible communication formats such as audio, braille, or Moon? Does your employee training and mentoring enrich a customer-centric culture and ensure employees have the skills to give your customers a safe environment where they can comfortably and confidently discuss their vulnerabilities? Do you have a customer engagement process that tests your customers’ understanding of your products and services? Do you welcome – and act on feedback?
Businesses need to look at their entire customer journey and make sure it starts – and ends with the customer.
Consumer Duty applies to existing products and services that consumers bought or renewed from 31 July 2023 and products and services in ‘closed books’ from 31 July 2024.
For further information visit: Consumer Duty | FCA
February 2024
ABI membership
We are delighted to announce that Irwell has joined the Association of British Insurers (ABI) becoming part of the voice of the UK’s leading insurance sector.
Irwell’s membership demonstrates our commitment to providing reliable and knowledgeable advice and support to our clients and growing team. We are very excited to work in partnership with the ABI to develop best practice and raise awareness of the invaluable contribution of the insurance sector to the UK business community.
Mervyn Skeet, Director of General Insurance Policy at the ABI, said: “We’re delighted to welcome Irwell into the ABI’s membership. The legal and liability insights and experience they can bring will be vital in our efforts to support businesses of all sizes against the wide variety of risks they face. We’re really looking forward to working with them.”
About the ABI
The Association of British Insurers is the voice of the UK’s world leading insurance and long-term savings industry. A productive, inclusive, and thriving sector, we are an industry that provides peace of mind to households and businesses across the UK and powers the growth of local and regional economies by enabling trade, risk taking, investment and innovation.
More information is available at www.abi.org.uk