Management Liability Insurance
Management Liability Insurance is designed to help protect healthcare practices and organisations against risks associated with managing and operating a business, including employment disputes, regulatory investigations and corporate liabilities.
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Protecting you and your business
Management Liability Insurance is particularly suitable for GP Federations and organisations with large numbers of shareholders, partners, employees and sites. The policy is designed to provide protection against these management-related risks and should not be confused with Legal Expenses Insurance, which is often offered as an addition to commercial insurance policies.
Healthcare organisations can face a variety of risks arising from their management responsibilities, including:
- NHS clawbacks
- CQC inspections and related issues
- Employment disputes
- Partnership disputes
- Official investigations involving organisations such as NHS England and the Health & Safety Executive
- Shareholder disputes within provider companies
Three covers in one
Management Liability includes Directors and Officers Liability, Company Legal Liability and Employment Practices Liability
Directors and Officers (D&O) Liability
Sole Practitioners, Partnership & Company Legal Liability
Employment Practices Liability
Directors and Officers (D&O) Liability
Being a director, officer or key manager of a business brings significant statutory duties and responsibilities. Breaches of health and safety or tax regulations, or intervention from a professional regulatory body, can result in criminal or regulatory investigations. These may lead to prosecution, personal liability and potentially the inability to continue practising. Directors and Officers Liability Insurance provides protection against personal liability risks arising under statutory and common law. The policy provides access to legal and other expert assistance in the event of an investigation or claim, helping individuals defend allegations of wrongful acts. It also covers the costs of defending eligible claims and can pay settlements and awards where required, excluding fines and penalties.
Sole Practitioners, Partnership & Company Legal Liability
Businesses can face criminal and regulatory investigations or prosecution arising from alleged breaches of the law, including health and safety regulations, tax requirements and professional regulatory obligations. In serious circumstances, failure to demonstrate compliance with regulations could affect an organisation’s ability to continue practising. Sole Practitioners, Partnership & Company Legal Liability provides protection for businesses against risks arising under statutory and common law. The cover described by MIAB extends to official investigations and prosecutions and is not restricted to particular regulators or health and safety matters alone. The policy provides access to expert legal assistance during investigations or claims and can cover applicable settlements and awards, excluding fines and penalties. Breaches of health and safety or tax regulations, or intervention from a professional regulatory body, can result in criminal or regulatory investigations. These may lead to prosecution, personal liability and potentially the inability to continue practising. Directors and Officers Liability Insurance provides protection against personal liability risks arising under statutory and common law. The policy provides access to legal and other expert assistance in the event of an investigation or claim, helping individuals defend allegations of wrongful acts. It also covers the costs of defending eligible claims and can pay settlements and awards where required, excluding fines and penalties.
Employment Practices Liability
Employment disputes can be expensive, particularly when claims reach an employment tribunal. Employers will not generally recover the costs of defending a tribunal claim. Employment Practices Liability Insurance provides protection against claims made by existing and former employees. The policy provides access to expert legal assistance during investigations or claims and covers legal costs, settlements and awards, together with the costs of legal representation at official employment investigations. Employment Practices Liability Insurance is also available as a standalone product. In serious circumstances, failure to demonstrate compliance with regulations could affect an organisation’s ability to continue practising. Sole Practitioners, Partnership & Company Legal Liability provides protection for businesses against risks arising under statutory and common law. The cover described by MIAB extends to official investigations and prosecutions and is not restricted to particular regulators or health and safety matters alone. The policy provides access to expert legal assistance during investigations or claims and can cover applicable settlements and awards, excluding fines and penalties. Breaches of health and safety or tax regulations, or intervention from a professional regulatory body, can result in criminal or regulatory investigations. These may lead to prosecution, personal liability and potentially the inability to continue practising. Directors and Officers Liability Insurance provides protection against personal liability risks arising under statutory and common law. The policy provides access to legal and other expert assistance in the event of an investigation or claim, helping individuals defend allegations of wrongful acts. It also covers the costs of defending eligible claims and can pay settlements and awards where required, excluding fines and penalties.
Common Employment Claims and Average Awards
The following figures show the average compensation awards made by Employment Tribunals in 2023/24, excluding legal costs.
| Common Claim | Average Award |
|---|---|
| Unfair dismissal | £13,749 |
| Sex discrimination | £53,403 |
| Race discrimination | £29,532 |
| Age discrimination | £102,891 |
| Disability discrimination | £44,483 |
Source: Ministry of Justice, Employment Tribunal and Employment Appeal Tribunal statistics, 2023/24.
Awards can vary considerably depending on the circumstances of each case, and most employment disputes do not ultimately result in a tribunal award.
Management Liability Helpline
The Management Liability Helpline is available free of charge to policyholders and is operated by healthcare solicitors Lockharts. The helpline provides access to specialist assistance with employment matters, helping businesses address issues such as disciplinary proceedings and grievances before they develop into costly and time-consuming claims. Unlike many legal expenses insurance policies, policyholders are not required to contact the helpline for their insurance cover to operate. However, in the majority of employment claims, the policy excess will be removed where helpline advice has been obtained and followed.
Our Expert Advisers Will Help You Choose the Most Suitable Policy
MIAB’s expert advisers can discuss your circumstances and help you consider the factors involved in choosing appropriate Management Liability Insurance.
This includes discussing the levels of cover available and the limits that may be suitable for your organisation.
Contact MIAB to discuss your Management Liability Insurance requirements and find out more about the protection available for your practice or healthcare organisation.