A restriction in an insurance policy underwriting a contractual permanent health insurance scheme, which disentitled an employee to benefits on leaving service, was not incorporated by reference or implication into his contract of employment, holds the High Court in Villella v MFI Furniture Centres Ltd.
In HK (acting on behalf of Høj Pedersen) v Faellesforeningen for Danmarks Brugsforeninger (acting on behalf of Kvickly Skive) (19 November 1998) EOR83B, the European Court of Justice has ruled that it is a breach of EC law for a woman not to be entitled to full pay when she is unfit for work for a reason connected with her pregnancy before the beginning of her maternity leave, when an employee who is off work on grounds of illness would receive full pay.
An employee's entitlement to benefit under his employer's permanent health insurance scheme was not terminated merely because he undertook some different work while incapacitated from working in his original job, as the scheme provided for payment of reduced benefits in such circumstances, holds the Court of Appeal in Brompton v (1) AOC International Ltd (2) Unum Ltd.
In Brown v Chief Adjudication Officer, the Court of Appeal holds that an employer was liable to pay statutory sick pay (SSP) to a part-time employee who had been continuously employed for more than three months under a series of daily contracts.
In Aspden v Webbs Poultry & Meat Group (Holdings) Ltd, the High Court implies a term into an employee's contract of employment providing that, save for summary dismissal, the employer would not terminate the contract while the employee was incapacitated for work.
Where a contract of employment does not specify a limit to the duration of sick pay, it does not continue indefinitely but only for a reasonable period, holds the EAT, in Howman & Son v Blyth. However in deciding what is a reasonable period, Tribunals should consider the limit specified in a national agreement in the relevant industry.
HR and legal information and guidance relating to health-related benefits.