The Employment Appeal Tribunal has held that, on its true construction, a company's long-term disability scheme applied to employees who were permanently incapable of employment in any capacity, rather than merely incapable of working for the company.
In Wetherill & Ors v Birmingham City Council [2007] EWCA Civ 599 the Court of Appeal held that a local authority was entitled to vary a car allowance scheme unilaterally, but was in breach of contract by failing to provide adequate transitional protection for affected employees.
Where an employee is experiencing stress related to excessive workloads, the presence of a workplace counselling service will not automatically serve to discharge the employer's duty of care in stress claims.