Terms & conditions

Access2 Human Resources Services Terms & Conditions

These are the terms and conditions that apply with the purchase of a retainer service from Access2 Human Resources Ltd (the “Service Provider”). You (the “Client”) agree to the terms and conditions set out below when you purchase a subscription Retainer Service via our website. By making such a purchase you enter into a contract for services with Access2 Human Resources Ltd the terms of which are set out below. If you have any questions about these terms please call us on 01722 325833 or email us at info@access2hr.co.uk

Whereas:

1. The Service Provider is engaged in the business of providing services in relation to HR and Employment Law and has reasonable skill, knowledge, qualifications and experience in that field.

1. The Client wishes to engage the Service Provider to provide the Services detailed in Schedule 1, subject to, and in accordance with, the terms and conditions of this Agreement.

1. The Service Provider has agreed to accept such engagement and shall provide the Services to the Client, subject to, and in accordance with, the terms and conditions of this Agreement.

IT IS AGREED as follows:

1.Definitions and Interpretation

In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

“Agreement Review” means a review of this Agreement which will be conducted in accordance with Clause 7 at the intervals specified in that Clause;
“Business Day” means any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in England;
“Commencement Date” means the date on which the Client purchased the Service
“Confidential Information” means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with this Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
“Fees” means the fees payable by the Client to the Service Provider in accordance with Clause 5 and Schedule 2;
“Intellectual Property Rights” means any and all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing-off or for unfair competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know-how and trade secrets) and all other similar or equivalent rights (subsisting now or in the future) in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term;
“Services” means the services to be provided by the Service Provider to the Client as set out in Schedule 1;
“Term” means the term of this Agreement as set out in Clause 2.

Unless the context otherwise requires, each reference in this Agreement to:

1. “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
3. “this Agreement” is a reference to this Agreement and each of the Schedules as amended or supplemented at the relevant time;
4. a Schedule is a schedule to this Agreement; and
5. a Clause or paragraph is a reference to a Clause of this Agreement (other than the Schedules) or a paragraph of the relevant Schedule;
6. a “Party” or the “Parties” refer to the parties to this Agreement.
7. The headings used in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement.
8. Words imparting the singular number shall include the plural and vice versa.
9. References to any gender shall include the other gender.
10. References to persons shall include corporations.

2.Term of Agreement

1. This Agreement will come into force on the date the Client purchased the service and shall continue in force indefinitely unless notice is given by either party to end the Agreement under Clause 11;

3.Service Provider’s Obligations

1. The Service Provider shall render the Services to the Client in accordance with the provisions of Clause 6 and Schedule 1.
2. The Service Provider shall perform its obligations under this Agreement in a reasonable and timely manner in accordance with the provisions of this Agreement.
3. The Service Provider shall provide the Client with such information and advice in connection with the Services and the provision thereof as the Client may, from time to time, reasonably require both before and during the provision of the Services.
4. The Service Provider shall use reasonable endeavours to keep the Client informed of any special requirements (including, but not limited to, legislative requirements) applicable to the rendering of the Services. To the extent necessary and appropriate, the Client shall promptly take steps to comply with any such requirements. These steps shall not otherwise alter this Agreement in any way

4.Client’s Obligations

1. The Client shall provide the Service Provider with such information in connection with the Services and the provision thereof as the Service Provider may, from time to time, reasonably require both before and during the provision of the Services.
2. The Client shall perform its obligations under this Agreement in a reasonable and timely manner in accordance with the provisions of this Agreement.
3. The Client agrees that it will implement all new/revised employment documents provided by the Service Provider, including written statements of particulars of employment, workers’ agreements and staff handbook policies, and issue them to its staff as advised by the Service Provider. The Client acknowledges that failure to do so may, at the total discretion of the Service Provider, void the legal costs/insurance element of this Agreement set out in Schedule 1.
4. The Client shall use reasonable endeavours to keep the Service Provider informed of any special requirements applicable to the rendering of the Services. To the extent necessary and appropriate, the Service provider shall promptly take steps to comply with any such requirements. These steps shall not otherwise alter this Agreement in any way.

5.Fees, Payment and Records

1. The Client shall pay the Fees to the Service Provider in accordance with the provisions of Schedule 2 as consideration for the Services provided by the Service Provider in accordance with the terms and conditions of this Agreement.
2. All payments required to be made by the Client to the Service Provider pursuant to this Agreement shall be made in pounds sterling to the Service Provider’s nominated bank account.
3. Where any payment pursuant to this Agreement is required to be made on a day that is not a Business Day, it may be made on the next following Business Day.
4. If the Client fails to pay on the due date any amount which is payable to the other pursuant to this Agreement then, without prejudice to and notwithstanding sub-Clause 11.2.1, that amount shall bear interest from the due date until payment is made in full, both before and after any judgment, at a rate of 1% per annum over the Bank of England base rate from time to time in force.
5. The Service Provider shall provide the Client with no less than 30 days’ notice of any increase in fees applicable to the services provided once any minimum initial term has been completed.
6. Each Party shall:
   1. keep, or procure that there are kept, such records and books of account as are necessary to enable the amount of any sums payable pursuant to this Agreement to be accurately calculated.
   2. at the reasonable request of the other Party, allow that Party or its agent to inspect those records and books of account and, to the extent that they relate to the calculation of those sums, to take copies of them.

6.Provision of the Services

1. The Service Provider shall, throughout the term of this Agreement, provide the Services to the Client in accordance with the terms and conditions of this Agreement and the provisions of Schedule 1.
2. Subject to the exceptions set out in sub-Clause 23.1 the Service Provider shall provide the Services only as specified in Schedule 1 unless otherwise agreed in writing by the Parties.
3. Special Projects:
   1. Additional work undertaken by the Service Provider, upon the Client’s instructions, that is outside of the services listed in Schedule 1 shall be deemed a Special Project subject to additional fees as set out in Schedule 2, which also provides examples of such work.
4. The Service Provider shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.
5. The Service Provider shall use all due and proper care to ensure that the manner in which it provides the Services does not have any adverse effect on the name, reputation, image or business of the Client.
6. In the event that the Service Provider commits any breach of any of the terms and conditions of this Agreement by failing to provide the Services or commits any other breach which adversely affects the provision of the same, the Client may give written notice to the Service Provider requiring the Service Provider to rectify the breach;
7. The rights of the Client under sub-Clause 6.6 shall be in addition to, and without prejudice to, any other rights or remedies available to the Client.

7.Service and Agreement Monitoring

1. The Client and the Service Provider shall arrange service reviews at regular intervals in order to discuss the provision of the Services.

8.Confidentiality

1. Each Party undertakes that, except as provided by sub-Clause 8.2 or as authorised in writing by the other Party, it shall, at all times during the continuance of this Agreement and for 6 years after its termination:
   1. keep confidential all Confidential Information;
   2. not disclose any Confidential Information to any other party;
   3. not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of this Agreement;
   4. not make any copies of, record in any way or part with possession of any Confidential Information; unless required to in its provision of the service and
   5. ensure that none of its directors, officers, employees, agents, sub- contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 8.1.1 to 8.1.4 above.
2. Either Party may:
   1. disclose any Confidential Information to:any sub-contractor or supplier of that Party;
   1a. any governmental or other authority or regulatory body; or
   1b. any employee or officer of that Party or of any of the aforementioned persons, parties or bodies to such extent only as is necessary for the purposes contemplated by this Agreement (including, but not limited to, the provision of the Services), or as required by law. In each case that Party shall first inform the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 8.2.1.2 or any employee or officer of any such body) obtaining and submitting to the other Party a written confidentiality undertaking from the party in question. Such undertaking should be as nearly as practicable in the terms of this Clause 8, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and
   4. use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of this Agreement, or at any time after that date becomes, public knowledge through no fault of that Party. In making such use or disclosure, that Party must not disclose any part of the Confidential Information that is not public knowledge.
3. The provisions of this Clause 8 shall continue in force in accordance with their terms, notwithstanding the termination of this Agreement for any reason.

9.Data Protection

1. In this Clause 9:
   – Controller, Data Subject, Personal Data, Processor and processing shall have the respective meanings given to them in applicable Data Protection Laws from time to time (and related expressions, including process, processed, processing, and processes shall be construed accordingly) and international organisation and Personal Data Breach shall have the respective meanings given to them in the GDPR;
   – Data Protection Laws means, as binding on either party or the Services:
   – the Directive 95/46/EC (Data Protection Directive) and/or Data Protection Act 1998 or the GDPR;
   – any laws which implement any such laws; and
   – any laws that replace, extend, re-enact, consolidate or amend any of the foregoing;
   – GDPR means the General Data Protection Regulation (EU) 2016/679;
   – Protected Data means Personal Data received from or on behalf of the Client in connection with the performance of the Service Provider’s obligations under this Agreement; and
   – Sub-Processor means any agent, subcontractor or other third party (excluding its employees) engaged by the Service Provider for carrying out any processing activities on behalf of the Client in respect of the Protected Data.
2. The parties agree that the Client is a Controller and that the Service Provider is a Processor for the purposes of processing Protected Data pursuant to this Agreement. The Client shall at all times comply with all Data Protection Laws in connection with the processing of Protected Data. The Client shall ensure all instructions given by it to the Service Provider in respect of Protected Data (including the terms of this Agreement) shall at all times be in accordance with Data Protection Laws.
3. The Service Provider shall process Protected Data in compliance with the obligations placed on it under Data Protection Laws and the terms of this Agreement.
4. The Client shall indemnify and keep indemnified the Service Provider against all losses, claims, damages, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, compensation paid to Data Subjects, demands and legal and other professional costs (calculated on a full indemnity basis and in each case whether or not arising from any investigation by, or imposed by, a supervisory authority) arising out of or in connection with any breach by the Client of its obligations under this Clause 9.
5. The Service Provider shall:
   – only process (and shall ensure Service Provider Representatives only process) the Protected Data in accordance with this Agreement (and not otherwise unless alternative processing instructions are agreed between the parties in writing) except where otherwise required by applicable law (and shall inform the Client of that legal requirement before processing, unless applicable law prevents it doing so on important grounds of public interest); and
   – Without prejudice to Clause 9.2, if the Service Provider believes that any instruction received by it from the Client is likely to infringe the Data Protection Laws it shall promptly inform the Client and be entitled to cease to provide the relevant Services until the parties have agreed appropriate amended instructions which are not infringing.
6. Taking into account the state of technical development and the nature of processing, the Service Provider shall implement and maintain the necessary technical and organisational measures to protect the Protected Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access.
7. The Service Provider shall:
   – not permit any processing of Protected Data by any agent, subcontractor or other third party (except its or its Sub-Processors’ own employees in the course of their employment that are subject to an enforceable obligation of confidence with regards to the Protected Data) without the written authorisation of the Client;
   – prior to the relevant Sub-Processor carrying out any processing activities in respect of the Protected Data, appoint each Sub-Processor under a written contract containing materially the same obligations as under this Clause 9 that is enforceable by the Service Provider and ensure each such Sub-Processor complies with all such obligations;
   – remain fully liable to the Client under this Agreement for all the acts and omissions of each Sub-Processor as if they were its own; and
   – ensure that all persons authorised by the Service Provider or any Sub-Processor to process Protected Data are subject to a binding written contractual obligation to keep the Protected Data confidential.
8. The Client authorises the appointment of Sub-Processors that the Service Provider deems necessary for the provision of the Services. The Service Provider shall notify the Client in advance if it intends to appoint any Sub-Processors.
9. The Service Provider shall (at the Client’s cost):
   – assist the Client in ensuring compliance with the Client’s obligations pursuant to Articles 32 to 36 of the GDPR (and any similar obligations under applicable Data Protection Laws) taking into account the nature of the processing and the information available to the Service Provider; and
   – taking into account the nature of the processing, assist the Client (by appropriate technical and organisational measures), insofar as this is possible, for the fulfilment of the Client’s obligations to respond to requests for exercising the Data Subjects’ rights under Chapter III of the GDPR (and any similar obligations under applicable Data Protection Laws) in respect of any Protected Data.
10. The Service Provider shall not process and/or transfer, or otherwise directly or indirectly disclose, any Protected Data in or to countries outside the European Economic Area or to any international organisation without the prior written consent of the Client.
11. The Service Provider shall, in accordance with Data Protection Laws, make available to the Client such information that is in its possession or control as is necessary to demonstrate the Service Provider’s compliance with the obligations placed on it under this Clause 9 and to demonstrate compliance with the obligations on each party imposed by Article 28 of the GDPR (and under any equivalent Data Protection Laws equivalent to that Article 28), and allow for and contribute to audits, including inspections, by the Client (or another auditor mandated by the Client) for this purpose (subject to a maximum of one audit request in any 12 month period under this Clause 9.11).
12. The Service Provider shall notify the Client without undue delay and in writing on becoming aware of any Personal Data Breach in respect of any Protected Data.
13. On the end of the provision of the Services relating to the processing of Protected Data, at the Client’s cost and the Client’s option, the Service Provider shall either return all of the Protected Data to the Client or securely dispose of the Protected Data (and thereafter promptly delete all existing copies of it) except to the extent that any applicable law requires the Service Provider to store such Protected Data. This Clause 9 shall survive termination or expiry of this Agreement.

10.Intellectual Property Rights

1. The Service Provider shall retain the ownership of any and all Intellectual Property Rights that may subsist in the products of the Services as provided by the Service Provider. Throughout the Term of this Agreement the Service Provider shall be deemed to automatically grant a royalty-free, non-exclusive license of any and all such rights to the Client to use the same in accordance with the terms and conditions of this Agreement and the Services.
2. Following termination of this Agreement the Client shall continue to be entitled to use all HR and employment-related documents provided by the Service Provider only for use in the operation of HR matters at the Client’s business.
3. In complying with the provisions of sub-Clause 10.1, the Service Provider hereby undertakes to execute any such agreements and perform any such actions that may be necessary to put such licenses into effect and shall exclusively bear any costs associated therewith.

11.Termination

1. Either Party may terminate this Agreement by giving to the other not less than 1 months’ written notice, to expire on or at any time after the Agreement’s minimum term.
2. Either Party may forthwith terminate this Agreement by giving written notice to the other Party if:
   – any sum owing to that Party by the other Party under any of the provisions of this Agreement is not paid within 14 days of the due date for payment;
   – the other Party commits any other breach of any of the provisions of this Agreement and, if the breach is capable of remedy, fails to remedy it within 30 days after being given written notice giving full particulars of the breach and requiring it to be remedied;
   – an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;
   – the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
   – the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on the other Party under this Agreement);
   -anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;
   -the other Party ceases, or threatens to cease, to carry on business; or
   -control of the other Party is acquired by any person or connected persons not having control of that other Party on the date of this Agreement. For the purposes of this Clause 11, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
3. The right to terminate this Agreement given by this Clause 11 shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.

12.Post-Termination

Upon the termination of this Agreement for any reason:

1. any sum owing by either Party to the other Party under any of the provisions of this Agreement shall become immediately due and payable;
2. any rights or obligations to which any of the Parties to this Agreement may be entitled or be subject before its termination shall remain in full force and effect where they are expressly stated to survive such termination;
3. termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which either Party may have in respect of any breach of this Agreement which existed at or before the date of termination;
4. subject as provided in this Clause 12, and except in respect of any accrued rights, neither Party shall be under any further obligation to the other;
5. the Service Provider shall return to the Client all employee data and facilitate the transfer of such data to any new service provider appointed by the Client;
6. each Party shall return to the other Party any materials in which the ownership has not been transferred to that other Party which have, for any reason, been provided for the purposes of this Agreement; and
7. each Party shall (except to the extent referred to in Clause 8) forthwith cease to use, either directly or indirectly, any Confidential Information, and shall forthwith return to the other Party any documents in its possession or control which contain or record any Confidential Information.

13.Liability and Indemnity

1. Except as expressly provided in this Agreement, neither Party shall be liable or responsible to the other in contract, tort or otherwise (including any liability for negligence) for:
   – any loss of revenue, business, contracts, anticipated savings or profits, or any loss of use of facilities; or
   – any special indirect or consequential loss howsoever arising.
   – For the purposes of sub-Clause 13.1 “anticipated savings” means any expense which either Party expects to avoid incurring or to incur in a lesser amount than would otherwise have been the case by reason of the use of the Services provided by the Service Provider under this Agreement.

14.Force Majeure

1. No Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

15.No Waiver

No failure or delay by either Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

16.Further Assurance

Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of this Agreement into full force and effect.

17.Costs

Subject to any provisions to the contrary each Party to this Agreement shall pay its own costs of and incidental to the negotiation, preparation, execution and carrying into effect of this Agreement.

18.Set-Off

Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under this Agreement or any other agreement at any time.

19.Assignment and Sub-Contracting

1. Subject to sub-Clause 19.2 This Agreement is personal to the Parties. Neither Party may assign, or sub-licence or otherwise delegate any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder without the written consent of the other Party, such consent not to be unreasonably withheld.
2. The Service Provider shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of this Agreement, be deemed to be an act or omission of the Service Provider.

20.Time

1. The Parties agree that the times and dates referred to in this Agreement are for guidance only and are not of the essence of this Agreement and may be varied by mutual agreement between the Parties.

21.Relationship of the Parties

1. Nothing in this Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in this Agreement.

22.Third Party Rights

1. No part of this Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
2. Subject to this Clause 22 this Agreement shall continue and be binding on the transferee, successors and assigns of either Party as required.

23.Notices

1. All notices under this Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
2. Notices shall be deemed to have been duly given:
   – when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
   -when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
   – on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
   – on the tenth business day following mailing, if mailed by airmail, postage prepaid.

In each case notices shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

24.Entire Agreement

1. This Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
   Each Party acknowledges that, in entering into this Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in this Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

25.Counterparts

This Agreement may be entered into in any number of counterparts and by the Parties to it on separate counterparts each of which when so executed and delivered shall be an original, but all the counterparts together shall constitute one and the same instrument.

26.Severance

In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.

27.Dispute Resolution

1. The Parties shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.
2. If negotiations under sub-Clause 27.1 do not resolve the matter within one month of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure.
3. If the ADR procedure under sub-Clause 27.2 does not resolve the matter within 3 months of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.
4. The seat of the arbitration under sub-Clause 27.3 shall be England and Wales. The arbitration shall be governed by the Arbitration Act 1996 and Rules for Arbitration as agreed between the Parties. In the event that the Parties are unable to agree on the arbitrator(s) or the Rules for Arbitration, either Party may, upon giving written notice to the other Party, apply to the President or Deputy President for the time being of the Chartered Institute of Arbitrators for the appointment of an arbitrator or arbitrators and for any decision on rules that may be required.

28.Law and Jurisdiction

1. This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

Subject to the provisions of Clause 27, any dispute, controversy, proceedings or claim between the Parties relating to this Agreement (including any non- contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

SCHEDULE 1

HR Services (where applicable: comprehensive and premium services only)

1. Carry out an initial consultation with the Client and agree contents of employment documents to be provided for the client;
2. Provide new or, if appropriate, review and update existing employment documents to include contracts of employment, workers’ contracts and agreements, staff handbook, HR policies and procedures;
3. Provide a set of template HR letters, forms and employment guides;
4. Keep the above employment documents up to date in line with current employment legislation, best practice and business needs;
5. Advise on how to roll out new documentation to current employees and workers;
6. Provide remote advice and support by telephone and email on HR-related matters. This advisory service includes:
   – Providing verbal and/or written advice on how to deal with the particular HR matter;
   – Providing basic template letters relating to the specific matter under advisement;
   – Providing written employment “how to” guides where appropriate.
7. Provide and set up a breatheHR account for the Client, including training, support and advice on using and populating the system with basic employee data;
8. Annual meeting with the Client to discuss the provision of HR services.

Legal Services (where applicable – apply to Comprehensive and Premium HR Service products only)

1. Provide legal services in the event of an employment tribunal claim to cover the provision and costs of legal services to deal with the claim including:

• Dealing with ACAS conciliation as necessary;
• Drafting and submitting the ET3 response on behalf of the Client;
• Preparing for the Hearing including drafting of witness statements, trial bundle preparation and case discussions;
• Attending and representing the Client at all hearings;
• Indemnity against compensatory awards;

Please note the cover set out above is dependent on the Client following the Service Provider’s guidance and advice on the issue that led to the Claim – policy provisions and limits apply as set out in the policy summary documentation provided to the Client and summarised below.

2. Legal cover in the event of prosecution under the Health & Safety At Work Act – including legal representation and litigation services.

Access2 Human Resources Legal Cover Policy Summary (applies to Comprehensive and Premium Service Products only)

The Client will be provided with the documentation relating to the legal services cover included in the Retainer Service. This is not an insurance product being purchased by the Client. Access2 Human Resources Ltd are the insured party and the Client is a beneficiary of the cover provided the policy provisions set out below are adhered to.

POLICY SUMMARY
The purpose of this Policy Summary is to help the beneficiary understand the insurance by setting out the significant features, benefits, limitations and exclusions.

INSURANCE PROVIDER
This insurance is underwritten by Markel International Insurance Company Limited and administered by Abbey Legal Protection, a trading division of Abbey Protection Group Limited

DURATION OF CONTRACT
The Period of Insurance is for the duration of the Service Agreement

INSURANCE COVER
This is a claims made insurance which covers claims notified within the Period of Insurance. The Insurance indemnifies the beneficiary for Legal Costs as shown in the Policy Benefit table below.

SIGNIFICANT BENEFITS AND EXCLUSIONS
The following table sets out the significant features, benefits, limitations and exclusions of the Legal Expenses Insurance. The Insurance is split into Employment Disputes and Health & Safety Prosecution Defence:

Employment Disputes
Defence of the Beneficiary’s disputes with prospective employees, employees or ex-employees concerning their contract of employment, or any employment related legislation and indemnity for awards of compensation, providing Access2 Human Resources Ltd has given and the Beneficiary has followed the advice of Access2 Human Resources Ltd:

• Prior to carrying out a disciplinary procedure, action or suspension.
• Prior to dismissal of an employee.
• Prior to instituting a redundancy programme and prior to making an employee redundant.
• Prior to notifying an Employee of their intended retirement date or retiring an Employee
• Upon notification of a grievance (formal or informal).
• Upon notification of a complaint of discrimination (formal or informal).
• Prior to any adverse variation of the terms and conditions of employment (including hours, time, place of work or deduction or reduction in wages).
• Immediately an employee walks out (with or without written notice).
• Upon receipt of an appeal by an employee following a disciplinary, grievance or retirement procedure or a decision to dismiss

Health and Safety Prosecution Defence
Defence of a criminal prosecution under the Health & Safety at Work Act 1974, including an appeal against an improvement or Prohibition notice.

What your are NOT covered for:

• Prosecutions relating to vehicles
• Prosecutions by HMRC
• Prosecutions for offences against the person, Criminal damage or those alleging dishonesty

Significant Features

Indemnity Limits (annual)
Any one claim:
£100,000 any one claim
Aggregate:
£1,000,000 In the Aggregate

CLAIMS HANDLING AND CLAIMS NOTIFICATION

All claims under this Policy will be handled by the Insured (ACCESS2 Human Resources Ltd). You must notify Access2 Human Resources Ltd immediately upon receipt of a claim against you.