ASA Adjudication on Paul Rooney Solicitors LLP
Paul Rooney Solicitors LLP
19-23 Stanley Street
31 October 2012
Number of complaints:
A radio ad for a solicitor's practice. The voice-over said, "So you injured yourself at work. Weren't [sic] your fault. What's stopping you making a claim? Ah, your employer, yeah? How are they going to react? Thing is, you're not claiming against your employer but against their insurance company. That's why they've got insurance. So stop worrying and contact Paul Rooney Solicitors. They'll deal with everything so you don't have to. Text Paul to XXXXX. That's Paul to XXXXX. Paul Rooney Solicitors. You know the name so make the claim."
17 complainants objected that the ad was misleading, because it implied that employers would face no financial detriment if an employee made an injury claim, when they understood that premiums would rise and other related costs may be incurred.
Paul Rooney Solicitors LLP said the ad informed employees that if they pursued a claim their employers would not face a financial detriment as a result as the claim would be settled by the insurance company. They said the ad simply set out the fact that employers were required to have insurance to cover workplace accidents and although it was widely known that making a claim on insurance may impact on premiums, this would not always the case.
The RACC said that the ad merely informed consumers that they could claim against their employer's insurance. They said whilst the complainants' assertion may have been right, the ad did not need to imply or state that an employer's premiums would have been affected. Furthermore, the ad made the point that employers had insurance policies that covered risks, so employees need not worry about making a claim.
The ASA acknowledged that an employer's premiums may be affected by a claim but this depended on the individual circumstances of each insurance policy which could not have been covered in a short radio ad. The ad focused on reassuring employees that an employer would not face the claim payout themselves rather than potential future costs incurred by an employer if an employee made an injury claim. Because the ad was focused on reducing employee concerns, not the impact on the employer, we concluded the ad was not misleading.
We investigated the ad under BCAP Code rules 3.1, 3.2 (Misleading advertising) and 3.9 (Substantiation) but did not find it in breach.
No further action necessary.