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Employment Practices Liability

Employment Practices Liability Insurance

Employment practices liability that may cover unfair dismissal, discrimination, harassment and bullying.

— The basics

What is Employment Practices Liability Insurance

Employment practices liability, also called EPL insurance Australia, may help cover legal costs and some settlements for employee claims like unfair dismissal, discrimination, harassment or bullying.

— Why it matters

Why is it important?

Even one workplace dispute can cost an Australian business time, money and trust. This policy may help with legal costs and some claim outcomes when staff or job applicants raise employment-related claims.

— The Basics

What is

Employment Practices Liability

Employment practices liability, also called EPL insurance Australia, may help cover legal costs and some settlements for employee claims like unfair dismissal, discrimination, harassment or bullying.

— Why it Matters

Why is it important?

Even one workplace dispute can cost an Australian business time, money and trust. This policy may help with legal costs and some claim outcomes when staff or job applicants raise employment-related claims.

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Coverage highlights

What is usually covered under Employment Practices Liability insurance

Here’s what this policy typically helps with. Exact cover depends on your insurer and policy wording.

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Defamation and reference claims

Helps with claims about what was said about an employee, like defamation or negative job references. Often included under employment practices liability cover.

Discrimination at work claims

Employment dispute insurance may help with discrimination claims, like hiring, pay or promotion decisions. Helps with defence costs and covered compensation.

Unfair dismissal or termination

EPL insurance Australia may help with unfair dismissal, wrongful termination or forced resignation claims. Includes defence costs and covered compensation.

Legal defence and cost cover

HR liability insurance can help cover legal defence costs and other costs and expenses when an employee claim is made, even if it is later found to be groundless.

Sexual harassment and bullying

Workplace liability insurance may help with employee claims insurance for bullying or sexual harassment. is designed to coverCan cover defence costs and some compensation.

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Claims examples

Common Employment Practices Liability insurance claims

Simple, real-world examples to help you better understand how coverage might work with this policy.

Defamation in reference
SCENARIO

A former employee asks for a reference. A manager writes a blunt email that the person says is false and damaging. They say it cost them a new job offer and threaten a defamation claim. They demand an apology, costs any settlement or compensation.

WHY IT’S COVERED

Employment dispute insurance may help with defence costs and

Discrimination complaint
SCENARIO

A candidate is turned down for a job and says it was due to age, disability or pregnancy. They lodge a discrimination claim and name your business and a manager. You must respond, gather records and attend mediation or a tribunal hearing.

WHY IT’S COVERED

Employee claims insurance may help with defence costs and covered outcomes for discrimination claims linked to hiring or promotion.

Workplace harassment
SCENARIO

A staff member reports ongoing bullying and sexual harassment by a supervisor. They lodge a formal complaint and later start a claim, saying your business failed to act and they suffered emotional distress. Other staff back them up in writing and you hire a lawyer.

WHY IT’S COVERED

HR liability insurance may help with defence costs and covered compensation for harassment or bullying claims made by employees.

Unfair dismissal claim
SCENARIO

After a restructure, you end an employee’s role. They say the process was unfair, they were targeted and you breached their employment contract. They take it to the Fair Work Commission, asking for compensation and legal costs.

WHY IT’S COVERED

EPL insurance australia may help with defence costs and covered settlements for claims of unfair dismissal or wrongful termination.

SCENARIO

A support worker gave a participant the wrong medication due to a mislabeled pillbox. The participant experienced severe drowsiness and dehydration, requiring overnight hospitalization.

IS THIS COVERED?

Costs included $8,200 for hospital and rehabilitation, $12,500 for legal defence, and a $7,500 settlement to resolve the claim out of court.

Manual handling damage

SCENARIO

A support worker gave a participant the wrong medication due to a mislabeled pillbox. The participant experienced severe drowsiness and dehydration, requiring overnight hospitalization.

WHY IT'S EXCLUDED

Costs included $8,200 for hospital and rehabilitation, $12,500 for legal defence, and a $7,500 settlement to resolve the claim out of court.

SCENARIO

A support worker gave a participant the wrong medication due to a mislabeled pillbox. The participant experienced severe drowsiness and dehydration, requiring overnight hospitalization.

WHY IT'S EXCLUDED

Costs included $8,200 for hospital and rehabilitation, $12,500 for legal defence, and a $7,500 settlement to resolve the claim out of court.

SCENARIO

A former employee asks for a reference. A manager writes a blunt email that the person says is false and damaging. They say it cost them a new job offer and threaten a defamation claim. They demand an apology, costs any settlement or compensation.

IS THIS COVERED?

Employment dispute insurance may help with defence costs and

Defamation in reference
SCENARIO

A candidate is turned down for a job and says it was due to age, disability or pregnancy. They lodge a discrimination claim and name your business and a manager. You must respond, gather records and attend mediation or a tribunal hearing.

IS THIS COVERED?

Employee claims insurance may help with defence costs and covered outcomes for discrimination claims linked to hiring or promotion.

Discrimination complaint
SCENARIO

A staff member reports ongoing bullying and sexual harassment by a supervisor. They lodge a formal complaint and later start a claim, saying your business failed to act and they suffered emotional distress. Other staff back them up in writing and you hire a lawyer.

IS THIS COVERED?

HR liability insurance may help with defence costs and covered compensation for harassment or bullying claims made by employees.

Workplace harassment
SCENARIO

After a restructure, you end an employee’s role. They say the process was unfair, they were targeted and you breached their employment contract. They take it to the Fair Work Commission, asking for compensation and legal costs.

IS THIS COVERED?

EPL insurance australia may help with defence costs and covered settlements for claims of unfair dismissal or wrongful termination.

Unfair dismissal claim
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Important: Scenarios are examples only. Coverage is subject to policy terms, conditions and exclusions. Limits and sub-limits might apply. Policy wordings vary between insurers. Refer to the PDS or Policy Wording for details.

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Benefits

Why businesses trust upcover

Get quotes in minutes, adjust your cover as your business evolves, and lean on expert support to help you make confident insurance decisions.

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Who it’s for

Who needs Employment Practices Liability insurance?

Types of businesses who might be contractually required or recommended to take out this insurance.

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Tech, agencies and startups

Fast growth means quick hiring and tough calls. Employment practices liability insurance may help with employee claims tied to hiring decisions, promotions and termination disputes.

Professional services and offices

HR issues can escalate in teams working closely together. HR liability insurance may help with claims like harassment, discrimination or wrongful dismissal made by employees or job applicants.

Construction and trade employers

Even small crews deal with terminations, injuries and site behaviour complaints. Workplace liability insurance may help with defence costs for employment related claims against your business.

Healthcare and allied health

Clinics manage sensitive issues like rosters, performance and patient safety. EPL insurance australia can help when an employment dispute insurance claim is made by a current or former employee.

Retail and hospitality teams

If you hire casuals, juniors or shift workers, disputes can happen fast. Employment practices liability may help with employee claims insurance like unfair dismissal, bullying or discrimination.

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Exclusions

Typical exclusions under Employment Practices Liability insurance?

Common examples of what is generally outside cover. Check the insurer policy wording to confirm the details.

Known issue before cover
SCENARIO

Before you buy the policy, an employee emails a formal complaint about discrimination and says they will go to the Fair Work Commission. You do not tell the insurer. Three months later, a claim arrives based on the same complaint.

WHY IT’S COVERED

Known facts before start are usually excluded. If the issue existed or was threatened before cover began, the later claim is not insured.

Dishonest act finding
SCENARIO

A manager forces out an employee and later a tribunal finds they fabricated complaints and acted dishonestly to get rid of them. The employee sues for damages and you want the policy to cover that manager’s conduct as well.

WHY IT’S COVERED

Dishonest or fraudulent acts are usually excluded once proven by a final decision or admission. Defence costs advanced may be repaid.

Work injury and comp
SCENARIO

A worker strains their back lifting stock. They say unsafe manual handling and lodge a claim for medical costs and lost income. They also threaten to sue the business for the injury. You try to claim it under EPL.

WHY IT’S COVERED

EPL is not workers compensation. Bodily injury claims and workers comp obligations are usually excluded, except for limited extensions.

Unpaid wages disputes
SCENARIO

A former staff member claims you underpaid them for months, including overtime and annual leave loading. They lodge a claim asking for back pay, interest and missed super payments. You want the policy to refund the unpaid entitlements.

WHY IT’S COVERED

Back pay, super and leave are usually excluded. EPL may help defend the claim, but it will not pay unpaid wages or entitlements.

SCENARIO

A support worker gave a participant the wrong medication due to a mislabeled pillbox. The participant experienced severe drowsiness and dehydration, requiring overnight hospitalization.

WHY IT'S EXCLUDED

Costs included $8,200 for hospital and rehabilitation, $12,500 for legal defence, and a $7,500 settlement to resolve the claim out of court.

Manual handling damage

SCENARIO

A support worker gave a participant the wrong medication due to a mislabeled pillbox. The participant experienced severe drowsiness and dehydration, requiring overnight hospitalization.

WHY IT'S EXCLUDED

Costs included $8,200 for hospital and rehabilitation, $12,500 for legal defence, and a $7,500 settlement to resolve the claim out of court.

SCENARIO

A support worker gave a participant the wrong medication due to a mislabeled pillbox. The participant experienced severe drowsiness and dehydration, requiring overnight hospitalization.

WHY IT'S EXCLUDED

Costs included $8,200 for hospital and rehabilitation, $12,500 for legal defence, and a $7,500 settlement to resolve the claim out of court.

SCENARIO

Before you buy the policy, an employee emails a formal complaint about discrimination and says they will go to the Fair Work Commission. You do not tell the insurer. Three months later, a claim arrives based on the same complaint.

WHY IT'S EXCLUDED

Known facts before start are usually excluded. If the issue existed or was threatened before cover began, the later claim is not insured.

Known issue before cover
SCENARIO

A manager forces out an employee and later a tribunal finds they fabricated complaints and acted dishonestly to get rid of them. The employee sues for damages and you want the policy to cover that manager’s conduct as well.

WHY IT'S EXCLUDED

Dishonest or fraudulent acts are usually excluded once proven by a final decision or admission. Defence costs advanced may be repaid.

Dishonest act finding
SCENARIO

A worker strains their back lifting stock. They say unsafe manual handling and lodge a claim for medical costs and lost income. They also threaten to sue the business for the injury. You try to claim it under EPL.

WHY IT'S EXCLUDED

EPL is not workers compensation. Bodily injury claims and workers comp obligations are usually excluded, except for limited extensions.

Work injury and comp
SCENARIO

A former staff member claims you underpaid them for months, including overtime and annual leave loading. They lodge a claim asking for back pay, interest and missed super payments. You want the policy to refund the unpaid entitlements.

WHY IT'S EXCLUDED

Back pay, super and leave are usually excluded. EPL may help defend the claim, but it will not pay unpaid wages or entitlements.

Unpaid wages disputes
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Important: These scenarios are examples only. Policy exclusions may differ between insurers and policy wordings. Limits and sub-limits might apply. Always refer to your specific policy wording for complete details.

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Price factors

Factors affecting cost of Employment Practices Liability insurance

Your premium is based on your details and the cover options you choose. There is no one set price for every business.

What Affects your Employment Practices Liability Insurance premium?

Number of staff

More employees usually means more day to day HR decisions and more chances for complaints. Insurers often rate EPL insurance australia by headcount and whether staff are full time, part time or casual.

Industry and turnover

Some industries see more workplace disputes than others. Insurers may consider your business type and turnover, because larger payrolls and faster growth can increase employment practices liability exposure.

Claims and HR history

Past employee claims, warnings, or ongoing disputes can raise the price. Insurers may ask about prior employment dispute insurance matters, Fair Work issues and whether anything is already known.

Limit and excess

Higher cover limits usually cost more. Choosing a higher excess can lower the premium. Pricing also depends on options selected under workplace liability insurance, like whether defence costs sit inside the specified limit.

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Explore more

Other cover types

Browse from a range of cover types to match your business’ unique needs.

Professional Indemnity

Covers negligence claims from third parties to help protect your business from professional errors

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Public & Products Liability

Covers injury & property claims from your services, products or at your business

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Business Pack

Can include property, contents, glass, electrical equipment, business interruption, theft, contents

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Cyber & Technology

Includes Professional Indemnity and Cyber & Technology Liability insurance for tech businesses

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FAQs

Employment Practices Liability insurance queries

How do I make a claim?

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You should notify your insurer as soon as you become aware of a claim or circumstance that may give rise to a claim which could include a client complaint, you discovering an incident or an allegation of harm. Claims should be made in writing and handled in line with the claims notification requirements which will be outlined in your policy wording.
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How do I make a claim?

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What is a Certificate of Currency?

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A Certificate of Currency is issued by an insurance company and is something you can use as proof that your existing insurance policy is valid. It contains all the information regarding your policy. You may be asked from time to time to prove your insurance - for loans to your business, for landlords of your premises, or for certain clients you might have. The moment you purchase your insurance from upcover you can send your proof of insurance to whoever requires it, at just a click of a button.
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What is a Certificate of Currency?

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How quickly do I need to report an incident to my insurer?

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You should notify your insurer as soon as you become aware of any incident, claim, or circumstance that may give rise to a claim. Professional Indemnity insurance typically operates on a "claims made and notified" basis, meaning both the claim must be made against you AND you must notify the insurer during the active insurance period (or discovery period if applicable). Late notification after policy expiry may not be covered unless you have purchased an extended discovery period. Prompt notification is essential to protect your rights under your insurance.
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How quickly do I need to report an incident to my insurer?

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What is a retroactive date?

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A retroactive date is the earliest date from which a claim can arise and still be covered under your policy. Professional Indemnity and certain other claims-made policies will only respond to claims arising from acts, errors or omissions that occurred on or after the retroactive date listed in your policy schedule. If an incident occurred before your retroactive date, it typically will not be covered even if the claim is made during the current policy period. Maintaining continuous cover without gaps helps protect your retroactive date — check your policy schedule or ask your broker if you are unsure of your retroactive date.
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