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Incapability: Employees were not entitled to payments under disability scheme if able to work elsewhere

This report relates to 1 case(s)

In Bridgewater Paper Company Ltd v Hillyer and another EAT/0376/09, the EAT held that the employment tribunal erred in interpreting a long-term disability benefit scheme as meaning that employees were entitled to receive payments on the basis that they were no longer fit to work for the employing company, even if they would have been fit to work in a different environment.

Key points

  • An employment tribunal erred in interpreting the terms of an employer’s contractual long-term disability scheme to mean that entitlement to payments under it would arise if an employee became permanently incapable of working in any capacity for that particular employer.