The law could be updated to make it easier for organisations to offer sincere apologies to those who have been wronged following the launch of a government consultation today.
The Compensation Act, which became law in 2006, made it easier for public institutions, private companies and their employees to apologise, without admitting liability in civil proceedings.
However, the Ministry of Justice says there is little evidence this has encouraged businesses to use apologies more as a form of reparation, leaving many victims without proper closure.
Often, organisations and individuals remain reluctant to apologise because of concerns it may be interpreted by the aggrieved party, or insurers, as an admission of fault. Changing the law to make this clearer could remove barriers to apologising – perceived or real – while broadening the scope of the law would allow people to express regret and offer more earnest apologies.
Apologies law
Constructive dismissal – when should employers admit fault and apologise?
UK employers fail to apologise when staff suffer work-related accidents
Justice minister Lord Bellamy KC said: “The place of apologies in the justice system is becoming increasingly important, and this consultation will explore ways of strengthening this role, not least to enable victims to find closure and move on with their lives.”
The government is also considering how best to refine vicarious liability laws following a recommendation from the Independent Inquiry into Child Sexual Abuse (IICSA) that apologies should be offered by employers for the actions of current or former employees. This would encourage, for example, schools, care facilities or hospitals to offer apologies for abuse carried out by an individual at these institutions.
IICSA heard that in many historical cases, an apology by an institution was seen as equally – or more – important than compensation by victims.
The consultation follows a private members’ bill introduced by Conservative MP John Howell MP to allow an apology to be given that is genuinely and sincerely meant without creating a legal liability.
His bill did not complete its passage through Parliament before the end of the 2019-21 session, but the Lord Chancellor confirmed the government would consult on the issue when Parliamentary time allowed.
Howell said: “I am delighted that this has come forward. It should be the mark of both a mature democratic society, and, of its dispute resolution system, that an apology, whether made publicly or privately, can and should be allowed to be meaningful, and, helpful rather than simply a necessary yet tokenistic gesture.”
It is hoped more apologies at an early stage will resolve disputes much more quickly.
Proposals in the consultation, “Reforming the Law of Apologies in Civil Proceedings in England and Wales”, do not force those defending a claim to offer an apology. It also reserves the rights of either party to pursue further legal action even when an apology has or has not been offered.
The Scottish Parliament passed its Apologies Act in 2016 to provide legal certainty that an apology cannot be used as evidence in civil proceedings.
The apologies law consultation, which closes on 3 June 2024, asks questions about whether a new Apologies Act in England and Wales should broadly reflect the Scottish legislation. It also asks whether any types of civil proceedings should be excluded.
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
Latest HR job opportunities on Personnel Today
Browse more human resources jobs
