Sorry needn’t be the hardest word

We all want businesses and organisations to do the right thing.  So when things go wrong we expect them to say sorry.  The reality can often be quite different. Businesses may be reticent in apologising for fear of admitting liability, being sued or facing rising insurance premiums.

Yet the Compensation Act 2006 makes it clear that “an apology, an offer of treatment or other redress, shall not itself amount to an admission of negligence or breach of statutory duty”.

This clause is not sufficiently well known or tested in case law for many lawyers to feel confident advising their clients to do the right thing.  Consequently, the lack of an apology often makes it harder for the victims to move on from the trauma, particularly when human tragedy is involved.

Evidence shows that a clear apology can help victims get the closure they need to be able to move on from trauma.  A common side-effect of trauma is that victims blame themselves, which is more likely to occur if others shun responsibility.

More regular use of the apology clause, or a simple clarification of the Compensation Act 2006 would give lawyers and other advisers more confidence in recommending their client do the right thing.

The law is changing

We launched the Apology Clause campaign to make it easier for businesses and organisations to apologise when things go wrong, without fear that an apology will be treated as an admission of liability.

The campaign has helped keep this issue on the agenda. In 2024 the Ministry of Justice consulted on reforming the law of apologies, and in February 2025 the UK Government committed to amend the Compensation Act 2006.

The legislation has not yet been introduced. We will continue to follow its progress and press for a law that makes it genuinely easier to say sorry and take responsibility.

What needs to change

These are the changes we called for.  The Government has now accepted the need for legislation, although important details remain to be settled:

• Greater awareness of the apology clause through the business world
• Increased use of the clause so lawyers and business become increasingly comfortable using it
• Better understanding among insurers, to make it easier for businesses to do the right thing without concern about redress
• Clarification of the law: defining what constitutes an apology, what it covers, and whether an apology is an admission of liability or simply inadmissible as evidence of liability
• An undertaking that an apology should include a commitment to look at the circumstances behind the event, with a view to preventing it from happening again.