Rutherford v Radio Rentals [1991] IRLB 419 CS

Reports relating to this case:

  • Contracts of employment: Implied term on employee insurance cover

    22 February 1991

    In Rutherford v Radio Rentals Ltd, the Court of Session holds that to give effect to an employer's contractual obligation to provide personal accident insurance for its employees, it may be necessary to imply a further term that the employer must make a payment to any employee who qualifies under the terms of the insurance policy referred to in the contract. The employer cannot discharge its obligations merely by relying on a refusal by the insurance company to honour the policy.