In Hooper v British Railways Board  IRLR 517 CA, the Court of Appeal held that the terms of a negotiated agreement, which provided that a member of staff who was declared fit by his own doctor but did not meet the medical standards required by the Board's doctor "shall be paid the basic rate of pay appropriate to his grade until such time as he resumes work either in his own post or on other suitable work", meant that the employee had a contractual right to be kept on full pay until such time as he was redeployed or reached retirement age.
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