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Contracts of employment: Employee was entitled to long-term incapacity benefit

This report relates to 1 case(s)

Key points

  • In Walton v Airtours plc and another 5.11.02 Court of Appeal, the Court of Appeal holds that an airline pilot who was unable to continue with his job after becoming ill with chronic fatigue syndrome, but was fit to undertake light part-time work with rehabilitation and a programme of support, remained entitled to benefits under the employer's PHI scheme, notwithstanding that those benefits were payable in the long term only if the employee was unable to "follow any occupation".
  • The phrase "to follow any occupation" means to be engaged in regular work for a substantial or indefinite period.