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Contracts of employment: Employee did not abandon long-term sickness rights

This report relates to 1 case(s)

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    Brompton v AOC International Ltd and Unum Ltd [1997] IRLR 639 CA (0 other reports)

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 [1997] IRLR 639. The employer repudiated the employee's contract of employment by stopping benefit payments, and the employee, in later simply requesting his form P45, could not be taken to have accepted that repudiation and abandoned all claims in respect of his entitlement under the scheme.