The Employment Rights Act 2025 (“ERA 2025”) introduces significant new duties for employers. Are you ready?

The ERA 2025 introduces a crucial obligation on employers to take reasonable steps to prevent third-party harassment, or they otherwise may be liable for unwanted incidents that occur in the workplace.

Here's what employers need to know:

You are a UK employer. You’ve got a team on the front line, dealing with the public every day. It’s a tough gig, and generally, your staff generally handle it well.

But what happens when a customer walks in and racially abuses your employee? Or worse, sexually harasses them?

Historically, employers would not be liable for the conduct of third parties. If you supported the staff member afterward and made a statement saying, “we don’t tolerate this”, you were probably in the clear.

Not anymore.

The ERA 2025 is ripping up that old rulebook and is modernising employment law to extend protections to workers across the country. From 30 October 2026, a single incident of harassment from a third party (like a customer) is enough to result in a claim at the Employment Tribunal. We aren’t talking about a pattern of behaviour here. One incident. One liability.

Section 21 of the ERA 2025, introduces a new head of claim under section 40 of the Equality Act 2010 (“EqA 2010”) which states:

An employer (A) must not permit a third party to harass a person (B) who is an employee of A.

A permits a third party to harass B only if—

the third party harasses B in the course of B’s employment by A, and

A failed to take all reasonable steps to prevent the third party from doing so.

In this section “third party” means a person other than—

(a) A, or

(b) an employee of A.

This provision extends protection beyond internal workplace interactions and ensures that employees are safeguarded from any discriminatory conduct in circumstances where it originates from individuals who are not directly involved with the employer. This section applies to all employees and covers harassment based on protected characteristics under section 4 of the EqA 2010.

Here is why Section 21 of the ERA 2025 needs to be top of your priority list, and what you need to do about it.

The “All Reasonable Steps” Trap

The new law inserts a fresh claim into the EqA 2010 (Section 40). It essentially says: an employer must not permit a third party to harass an employee.

And here is the kicker: you are deemed to have “permitted” it if:

The harassment happened during their employment.

You failed to take all reasonable steps to prevent it.

That’s right. The duty is now preventative. Having a “zero-tolerance” poster on the wall and being nice to the victim after the incident may no longer be a sufficient defence. The law now assumes that an employer is now liable unless you can prove you did absolutely everything you reasonably could to stop the incident happening in the first place.

What Are “Reasonable Steps”?

I know what you are thinking: “How am I supposed to know what ‘all reasonable steps’ means? The law isn’t clear!”

You are right – there is no checklist. What is “reasonable” for massive retailers differs from what is “reasonable” for smaller businesses.

However, the Equality and Human Rights Commission (“EHRC”) guidance on sexual harassment and harassment at work provides a useful roadmap for employers seeking to comply with their positive legal duty. The Employment Tribunal will likely look at (but not limit itself to):

• Your Size and Resources: Can you afford training? Do you have a dedicated HR team?

• The Working Environment: Is it a quiet office or a chaotic pub at 2AM?

• The Nature of Contact: Do your staff interact with customers for 5 minutes or 5 hours?

• The Risks: Have you identified the specific risks of your workplace?

Your Strongest Defence: Risk Assessments

If there is one takeaway from this provisional change, it is this: Conduct a Risk Assessment. Now.

If a claim lands on your desk and you cannot produce a documented risk assessment showing how you identified risks and mitigated them, you will find it significantly harder to defend the complaint. You need to show you were proactive, not reactive.

Identify the risks. Where are your staff vulnerable?

Implement controls. How will you mitigate those risks? (Training, signage, security, de-escalation policies).

Explain your decisions. Did you decide not to install a security camera? Document why. A clearly written explanation is your best friend in a Tribunal.

The good news (yes, there is some)

Here is the silver lining: a step can be considered “reasonable” even if it would not have prevented the act of harassment.

Why? Because you cannot control a stranger walking through your door. The law understands that. They don’t expect you to be psychic. They expect you to be prepared.

If you have done the risk assessment, implemented a robust training policy, trained your staff, and documented your reasoning, a Tribunal is far more likely to accept that you did take “all reasonable steps”, even if the incident still occurred.

If you have not, then approach us to help.

The Bottom Line

The clock is ticking. Now that October is here, the onus is on you to prove you are innocent.

Don’t wait for a claim to test your luck. Start preparing your risk assessments and reviewing your policies now. A stitch in time saves… well, a hefty legal bill and a damaged reputation.

Asad Farooq is a Legal Consultant at Irwell Law who specialises in defending claims at the Employment Tribunal.

Need to ensure you are compliant? Contact the team at Irwell Law (TribunalEdge@irwell-law.com or info@irwell-law.com)

FAQs

Can an employer be liable for harassment by a customer?

Yes. From 30 October 2026, employers may be liable if a customer, client or other third party harasses an employee and the employer failed to take all reasonable steps to prevent it.

Does there need to be a pattern of behaviour?

No. A single incident may be enough to trigger liability.

What are reasonable steps?

The law does not provide a fixed checklist, but Tribunals may consider factors such as training, policies, risk assessments, reporting procedures and workplace-specific controls.

Should employers carry out a risk assessment?

Yes. A documented risk assessment is likely to be a key part of demonstrating that reasonable preventative steps were taken.

If your organisation uses contractors, freelancers, agency workers or outsourced labour, a recent change to the law could affect your Right to Work obligations. Since 1 October 2026, businesses may need to consider Right to Work checks in a wider range of circumstances than before.

The expansion of the UK's Right to Work Scheme does not replace existing checks for employees. Instead, it extends potential compliance obligations and civil penalty liability to certain workers, individual subcontractors, online matching arrangements and some labour supply chains.

Importantly, the focus is no longer just on job titles or contractual labels. Whether someone is described as a consultant, freelancer, self-employed contractor or subcontractor is not, by itself, enough to decide whether the rules apply. The key question is whether the individual is personally providing work or services and whether the arrangement falls within the expanded scheme.

For employers, this means now is the time to review contractor arrangements, labour supply chains and onboarding processes to find where Right to Work checks may be needed and reduce the risk of compliance issues.

Quick Summary

• Right to Work checks are no longer only an employee issue.

• Since 1 October 2026, the scheme may apply to certain workers, subcontractors and labour supply arrangements.

• Calling someone a freelancer or contractor does not automatically place the arrangement outside the rules.

• A correctly completed Right to Work check may provide a statutory excuse if an individual is later found to be working illegally.

• Employers should review their workforce and supply chain arrangements to understand whether the expanded scheme applies

• Right to Work checks must be applied consistently and without discrimination, not just to workers suspected of lacking permission to work.

When Did the Rules Change?

The expanded scheme came into force on 1 October 2026 under provisions introduced by the Border Security, Asylum, and Immigration Act 2025. The new Code applies to all new employment commencing on or after 1 October 2026, together with any repeat Right to Work checks undertaken on or after that date.

Who Could Be Affected?

Employees

The existing Right to Work checking requirements continue to apply to employees.

Workers Under a Worker's Contract

Individuals who personally undertake work or services under a worker's contract may fall within scope. This can include casual workers, temporary staff, agency workers and some zero-hours arrangements.

Freelancers and Independent Contractors

Individuals providing services personally may require Right to Work checks depending on the facts of the arrangement. The description used in the contract is not conclusive.

Individual Subcontractors

An individual subcontractor who personally provides work or services may fall within scope, even where the written agreement describes them as self-employed or an independent contractor.

Agency Workers

Responsibility for carrying out checks will depend on the arrangement. Businesses should not assume that an agency's checks automatically provide their own statutory excuse.

Labour Supplied Through Intermediaries

Where labour is supplied through employment businesses, agencies, umbrella companies or other intermediaries, checking obligations and liability may arise depending on the contractual structure.

Personal Service Companies (PSCs)

Using a personal service company does not automatically place an arrangement outside the expanded scheme. Businesses should assess whether they are contracting with a genuine independent business or engaging a named individual who is personally providing labour.

Online Matching Platforms

Some online marketplaces and matching services may fall within the scheme where they provide details of individual service providers to customers, and the relevant statutory conditions are met. Platforms that simply provide advertising may be treated differently.

Can Businesses Be Liable for Workers Further Down the Supply Chain?

Yes, businesses can be liable in some supply chain arrangements.

One of the most significant changes is the introduction of extended liability in certain labour supply and subcontracting chains. In some circumstances, organisations higher up the contractual chain could face liability for illegal working carried out by an individual engaged through another organisation.

However, liability does not automatically transfer to every organisation in the chain. The legal tests are arrangement specific. The position should be assessed carefully where arrangements involve labour supply, personal service, substitution arrangements, online platforms, or multiple layers of subcontracting.

What About Substitution Clauses?

A contractual right of substitution does not automatically remove Right to Work obligations.

Where an individual is engaged but provides a substitute to carry out the work, extended liability may arise in certain circumstances. Businesses should review substitution arrangements carefully and ensure contracts clearly address responsibility for compliance.

Will Genuine Outsourced Services Be Affected?

Not necessarily, but it depends on the arrangement.

A genuine business-to-business service arrangement may fall outside the direct Right to Work checking requirements where a supplier is delivering a defined service using its own workforce and management structure.

Businesses should distinguish between:

A supplier delivering a genuine, outsourced service

A supplier providing named individuals or labour to work under the customer's direction

The second arrangement creates a greater risk of direct or extended Right to Work obligations.

What Should Employers Do Now?

Review Your Workforce

Find anyone providing services who is not a traditional employee, including:

• Workers

• Freelancers

• Contractors

• Consultants

• Agency workers

• Casual workers

• Zero-hours workers

• Self-employed individuals

• Individual subcontractors

Audit Supplier Relationships

Review arrangements involving:

• Outsourced services

• Labour providers

• Recruitment agencies

• Umbrella companies

• Subcontractors

• Labour supply chains

Review Contracts

Consider whether agreements adequately address:

• Right to Work compliance obligations

• Evidence requirements

• Audit rights

• Onward subcontracting

• Substitution arrangements

Review Recruitment and Onboarding Processes

Ensure checks are carried out before work starts where the arrangement falls within the expanded scheme. Right to Work checks must be applied consistently and without discrimination, not just to workers suspected of lacking permission to work.

Frequently Asked Questions

What is the new Right to Work rules from October 2026?

The scheme has expanded to cover a wider range of working arrangements, including certain workers, individual subcontractors, online matching arrangements and some labour supply chains.

Do freelancers need Right to Work checks?

Potentially. Whether a check is required depends on the reality of the arrangement and whether the individual is personally providing work or services within the expanded scheme.

Are contractors exempt from Right to Work checks?

No. Describing someone as a contractor does not, by itself, place the arrangement outside the scheme. The facts of the arrangement must be assessed.

Do agency workers need Right to Work checks?

Responsibility depends on the structure of the arrangement. Businesses should determine who has responsibility for compliance and avoid assuming another organisation's checks provide full protection.

Can a business be fined if a subcontractor uses an illegal worker?

In some circumstances, yes. Extended liability provisions may expose organisations higher up a contractual chain to liability, although this will depend on the structure of the arrangement and the statutory tests that apply.

Do personal service companies remove Right to Work obligations?

Not automatically. Businesses should assess whether they are contracting with a genuine independent business or engaging an identified individual who is personally providing labour.

How Irwell Law Can Help

The expansion of the Right to Work Scheme creates new compliance risks for employers, labour providers, recruitment businesses and organisations using contractors or outsourced services.

Our employment law specialists can help you: * Review your workforce arrangements

• Assess contractor and supplier relationships

• Audit Right to Work processes

• Update contracts and policies

• Reduce the risk of civil penalties and loss of statutory excuse protection

Need Right to Work compliance advice now that the October 2026 changes are in force?

Contact Irwell Law for specialist employment law support for employers, contractors and labour supply arrangements.

Disclaimer: This article is intended as general information only and does not constitute legal advice. The application of the Right to Work rules will depend on the specific facts of each arrangement. Bespoke legal advice should be obtained before acting.

The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) governs the relationships between employers, workers and trade unions and governs how unions secure recognition in the workplace.

What trade union changes does the Employment Rights Act 2025 introduce?

The reforms introduced under the Employment Rights Act 2025 (ERA 2025) amend Schedule A1 of TULRCA and aim to improve the recognition process. These changes affect employers and recognised trade unions and affect how terms are negotiated, how disputes are managed and how employers can communicate with employees without creating avoidable exposure.

From 30 October 2026, there are new rights and obligations on employers, including:

• A duty to inform workers of the right to join a trade union
• A new right for officials of qualifying unions to enter workplaces and communicate with workers
• New rights to accommodation and facilities for officials of recognised unions
• Improved trade union recognition rules

These measures improve trade union activity and further protect the legal framework around union involvement in the workplace and sit alongside the other trade union reforms that took place in April 2026.

The Duty to Inform Workers

The new reforms introduce a new duty on employers to inform their workers of their right to join a trade union. This new reform requires employers to actively ensure that workers are aware of their right to join a trade union. It is not enough to assume that employees know that they can join a union. This can require employers to update their documentation and reassess their employee processes.

Do trade unions have unrestricted access to workplaces?

Recognition is the core concept. Statutory recognition does not give unions unrestricted access to a business. Rather, it sets out principles intended to equally balance the interests of employers and unions. Employers should take reasonable steps to facilitate access and should not refuse access altogether unless it is reasonable in all the circumstances. On the other hand, unions should not unreasonably interfere with the employer’s business.

The new framework is particularly significant in situations where the employer and trade union cannot agree terms of access. The matter can be referred to the Central Arbitration Committee (CAC), which oversees the legal framework and has powers to determine access arrangements. It can also issue fines prescribed under legislation up to the sum of £500,000 for breaches of statutory agreements. Employers should engage with the access request and consider what arrangements can be made without disrupting the business. Employers should not assume that refusing to engage with an access request will make the issue disappear. One particular change is that where a recognition application is received, the bargaining unit will be frozen subject to the statutory rules.

Rights to Accommodation

The reform also requires employers to provide reasonable accommodation and facilities for union representatives carrying out their duties. This includes access to appropriate space and access to workplace communication systems where necessary. Employers are not required to provide whatever facilities are required; the reform is concerned with what is reasonable in the circumstances. Requests should be considered properly and should not be rejected automatically.

When can employers refuse trade union workplace access applications?

Employers are not required to accept all access applications. The application must be refused where there are genuine data protection concerns or where there is a risk of a criminal offence, national security or prejudice caused by the acceptance of the application. Employers may be able to refuse an application where there are health and safety concerns or in circumstances where they have received multiple outstanding requests.

Smaller employers who have fewer than 21 workers across their workplaces are exempt from the new provisions. This does not give an automatic right to ignore trade union law as other employment obligations can still apply depending on the circumstances.

What is the Central Arbitration Committee’s role in trade union disputes?

Where no agreement is reached, the trade union can apply to the CAC for determination. The CAC is an independent tribunal, and its general duty is to promote fair arrangements in the workplace. The CAC can deal with applications for recognition and derecognition, disclosure of information for collective bargaining, access determinations and enforcement.

A determination made by the CAC takes effect as if the parties had entered into an access agreement. Parties can vary and revoke an access agreement; however, there is a crucial requirement for any changes to be made in writing. A revocation or variation will not be effective unless it is made in writing and the parties have notified the CAC.

Next Steps

Trade union recognition applications must be taken seriously. The process has legal requirements and strict deadlines. Any attempts to interfere improperly can cause employers serious problems.

The new reforms give employers a reason to prepare for the upcoming developments. The correct approach depends on the size of the organisation and the arrangements already in place. HR materials must be updated to reflect the new duty to inform workers about trade union rights. Senior staff members should be offered the necessary training to avoid unlawful interference or detriment to workers. The biggest mistake would be to treat these reforms as something that only matters once a union appears at the workplace. The best approach is to review your current arrangements now.

Asad Farooq is a Legal Consultant at Irwell Law who specialises in defending claims at the Employment Tribunal.

Need to ensure you are compliant? Contact the team at [Irwell Law ](https://www.irwell-law.com/tribunal-defence)(TribunalEdge@irwell-law.com or info@irwell-law.com).

Frequently asked questions

Does statutory trade union recognition give unions unrestricted workplace access?

No. Recognition alone does not give unrestricted workplace access. Qualifying independent trade unions can request physical or digital access without already being recognised. Access is subject to statutory conditions and the terms of the relevant agreement or Central Arbitration Committee (CAC) determination.

Must employers provide every facility requested by union representatives?

No. For employees covered by the relevant statutory time-off provisions, the law requires employers, on request, to provide accommodation and facilities that are reasonable in all the circumstances for the relevant union duties or training. The representative’s role and statutory conditions matter, and employers must have regard to any relevant Acas Code of Practice.

How should employers prepare for trade union reforms?

General preparation may include reviewing existing union arrangements, HR materials and training needs. The government’s stated intention is for the duty to give workers a written statement about their right to join a trade union to start on 1 January 2027. The final requirements and commencement provisions need to be checked before implementation.

How long do employers have to respond to a trade union access request?

The statutory process generally requires a response within 15 working days of receiving an access request. If the request is not accepted in full, a 25-working-day negotiation period follows the employer’s response. The applicable timetable depends on the statutory rules and any permitted extensions.

Do trade union workplace access rules apply to small employers?

The CAC cannot impose a statutory access agreement where the employer has fewer than 21 workers under the applicable counting rules. This threshold does not create an exemption from all trade union law. Other obligations may still apply.

Disclaimer: This article is intended as general information only and does not constitute legal advice. The application of trade union recognition and workplace access rules, and related employer obligations under the Employment Rights Act 2025, will depend on the specific circumstances of each organisation. Bespoke legal advice should be obtained before acting.

An employment tribunal is a legal body in the UK that deals with problems between workers and employers. It is less formal than a court but still follows legal rules.

What Types of Problems It Covers

Employment tribunals handle cases such as

• Unfair dismissal
• Redundancy disputes
• Discrimination at work
• Unpaid wages or holiday pay
• Breaches of contract
• Issues with working hours or rights

Who Can Make a Claim

Most employees and workers can make a claim. Before you start, you usually need to contact Acas for early conciliation. This is a free service that helps both sides try to reach an agreement without going to a tribunal.

How the Process Works

• Submit your claim online
• Your employer responds
• Both sides share evidence
• A hearing takes place
• A judge makes a decision

Hearings can be in person, by phone or by video.

What the Tribunal Can Decide

• Award compensation
• Order your employer to give you your job back
• Confirm that your employer acted fairly
• Make other orders depending on the case

How Long It Takes

Cases can take several months or longer. The time depends on how complex the case is and how busy the tribunal is.

When a customer disputes an invoice or a contract raises concerns, a small business owner needs to know where to turn. Comparing firms, costs and client reviews can help, but finding information is only part of getting the right legal support.

Research from the Legal Services Board (LSB) shows that many small businesses still go without the legal help they need.

The LSB’s Small Business Legal Needs Survey found that around 11% of small businesses had a legal need requiring professional support. More than eight in ten of those needs went unmet.

Access to SME legal support starts with recognising when advice could help. Business owners also need to know where to turn and how to get help before a problem grows.

*Common small business legal problems *

The survey gathered responses from 10,352 small businesses in England and Wales. The data suggests that small businesses across England and Wales face around 16 million legal issues a year.

Legal problems often start with everyday business matters, such as a late payment, an employee grievance or a contract query. Employment laws, data protection and health and safety can also raise questions and complex requirements.

The effects can be significant. Around 22% of businesses with legal issues reported lost income. The survey also found that 10% could not complete planned work and 9% faced extra costs. Nearly one in five said that unresolved legal issues had prevented or delayed investment in innovation and growth.

For a smaller business, that can turn a commercial inconvenience into a barrier to growth.

Barriers to legal advice for small businesses

It is not always obvious when a situation needs professional legal input.

Signing a contract, dealing with a delayed delivery or responding to a disputed invoice can all raise legal questions. So can a Subject Access Request from a former employee or a disagreement that is getting harder to resolve.

These situations may not seem serious at first. How a business handles them early on can still affect what happens next.

As Legal Futures reported in its coverage of the LSB findings, cost is not the only barrier. Businesses may not realise they need advice or know where to find it. Others delay acting or lack confidence in choosing support.

For small business owners without an in-house legal team, this can be difficult. The person dealing with legal issues may also manage sales, finance, recruitment and customer service. Finding time to assess the risk can be a challenge.

Early advice changes the position

Getting early legal advice is the best way to protect your business, issues become more complex and costly once they have come to fruition. As your business grows, its business structure and legal documents may also need to be reviewed and updated to meet changing laws. Employment contracts, shareholder agreements and customer terms and conditions are worth checking to see if they still meet your needs.

At Irwell Law, we regularly see the difference this makes for Super Protect clients.

In one case, a growing fashion and lifestyle business planned to sell through a major online marketplace. It sought advice on the retailer agreement, including chargebacks and returns. The business wanted to understand its position before signing.

Another client had a supply agreement that lacked important commercial protections. Irwell Law reviewed and strengthened the terms before a dispute arose.

Everyday legal matters can have lasting effects on a business. Early advice can help clarify obligations, support negotiations and reduce the risk of a dispute.

*How Super Protect helps *

Super Protect is a Legal Expenses Insurance product. It combines Enhanced Business Assistance, cover for specified insured legal matters and access to specialist legal expertise.

Support can include:

• Employment and people issues

• Commercial disputes

• Data protection and Subject Access Requests

• Debt recovery

• Regulatory and licensing matters

For businesses without their own legal department, this provides a practical route to support when an issue first arises.

Businesses use the Super Protect Solicitors Advice Helpline for everyday legal questions, not just insurance claims.

The real cost of a legal problem

The cost of a legal problem can go beyond advice fees. It can take up management time, disrupt work and delay decisions. It may also strain business relationships and draw attention away from growth.

A Data Subject Access Request (DSAR) is one example. A business may need to find and review large amounts of information within a set deadline. It must also consider other people’s personal data and whether any exemptions apply.

For a business owner already managing day-to-day operations, that can quickly become a significant burden.

In one Super Protect matter, a former employee sent a business a DSAR. It involved a large volume of information and CCTV footage containing other people’s data. Irwell Law provided specialist support to help the business manage the request and its data protection duties.

Another business received a Subject Access Request while facing an Employment Tribunal claim. Irwell Law managed the SAR so the client could focus on running the business.

Good legal support does more than answer a legal question. It protects management time and helps business leaders make informed decisions while an issue remains manageable.

The cost of legal advice for small businesses

Cost clearly matters when choosing a law firm. But the LSB research suggests it does not explain the whole gap in unmet legal need.

The Law Gazette reported that 88% of businesses that paid some or all of the cost of professional help found it quite or very easy to afford.

Knowing when to seek advice and who to approach also matters. When comparing costs, ask whether a fixed fee is available and what it covers. Check what could lead to extra charges.

A law firm should explain what it does, when it can help and how to access its services. Businesses also need to know that the firm will take the time to understand their circumstances.

Reputation matters more than ever

As legal services become easier to compare, the experience a firm provides becomes a more important part of the decision-making process.

In the LSB research, 60% of respondents found it easy to check whether a provider was regulated. A smaller share, 53%, found it easy to check whether a provider held professional indemnity insurance.

These details can offer reassurance. Client reviews may also give an insight into a firm’s communication, responsiveness and service.

Reputation matters when businesses compare providers. Clear communication, prompt responses and accessible support can all help a firm earn trust.

AI can help, but not replace advice

The research also looked at how SMEs use AI for legal issues. Just 6% of businesses surveyed used chatbots as a source of help. Some used AI to find a solicitor, explore next steps or draft correspondence.

AI can make general legal information easier to find and understand. But advice on a contract, employment dispute or Subject Access Request often depends on the people, documents and facts involved.

AI may help a business spot an issue but it's not accountable for mistakes. Professional advice can explain what it means for that business, bespoke it to meet legal and strategic requirements and advise on the options to achieve the right end result.

Making support easier to access

As the Law Gazette reported, businesses now have more information about legal services. They can understand what firms offer and compare providers before choosing one.

Yet more than eight in ten legal needs requiring professional support went unmet. Better access to information has not closed that gap.

At Irwell Law, we believe part of the answer lies in making it easier for businesses to seek advice earlier.

Our Super Protect clients seek help with contracts, employment matters, data protection and debt recovery. Many come to us before a dispute develops.

Small businesses without an in-house legal team need more than a list of providers. They need to recognise when advice could help and know how to reach someone who understands their business.

Getting advice early can help businesses make informed decisions and manage risk. Whether the issue is a contract, an employee matter or a legal request, the right support can also protect management time.

Frequently asked questions

*When should a small business seek legal advice? *

Consider legal advice when a decision could affect your contracts, employees, finances or legal duties. Advice may also help if there is a future risk of a dispute, best to prevent it rather than pay to deal with it.

Useful points to seek help include signing a commercial agreement or responding to an employment issue or Subject Access Request. Advice can also help with unpaid debts and dispute resolution. Understanding your obligations and options may help protect your business.

What is Legal Expenses Insurance?

Legal Expenses Insurance (LEI) is designed to cover legal costs for specified disputes or proceedings. Cover is subject to the individual policy’s terms, conditions, exclusions and limits.

The scope of cover varies between policies, so businesses should check their policy documentation to understand what protection applies.

What is Super Protect?

Super Protect is a Legal Expenses Insurance product. It combines Enhanced Business Assistance, cover for specified insured legal matters and access to specialist legal expertise.

The support and cover available depend on the circumstances. Policy terms, conditions, exclusions and limits apply.

Does Super Protect cover all business legal costs?

No, but it covers many of the most common and costly legal matters that businesses face.

Insurance cover depends on the relevant policy terms, conditions, exclusions and limits.

Can Super Protect help before there is a legal dispute?

Yes. Super Protect includes Enhanced Business Assistance alongside its insured legal protection.

Businesses have used the service for advice on commercial contracts and Subject Access Requests before larger disputes developed.

Why might an SME need access to legal advice?

SMEs make decisions about employees, contracts, customers, suppliers, debt and legal duties. They may need advice on these issues without having enough ongoing legal work to justify an in-house team.

Access to advice gives a business somewhere to turn when a problem arises. Understanding the options may offer peace of mind, but advice cannot guarantee an outcome. Talk through your priorities and concerns with the adviser to decide how best to protect your interests.

Can AI replace a business solicitor?

AI can help businesses find and understand general legal information. However, legal and commercial decisions often depend on the specific circumstances of the business involved.

For contracts, employment disputes, litigation, data protection or major commercial risks, tailored advice can help a business understand its position and options.

About Super Protect

Super Protect is a Legal Expenses Insurance product. It combines Enhanced Business Assistance, cover for specified insured legal matters and access to specialist legal expertise.

Insurance cover depends on the applicable policy terms, conditions, exclusions and limits. The claim must be accepted. Where applicable, Reasonable Prospects of Success are also required.

Find out more about Super Protect and the legal support available to your business.

Contact Irwell Law

To discuss legal support for your business: Call 0800 023 2129 Email info@irwell-law.com.

You can also Book a free call through our contact page.

*Sources *

Legal Services Board: Small Business Legal Needs Survey 2026

Law Gazette: Small business legal needs remain unmet despite greater transparency

Legal Futures: LSB: Small businesses not getting the legal help they need