Employment News: PHI, age discrimination, breach of contract

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What's in a name? Return to work was a return to employee's old role

In ICTS (UK) Ltd v Visram the Court of Appeal confirmed that an employee was entitled to receive long term disability benefit until he was able to return to the role he held before his absence, not just until he was capable of a return to any role.

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Cap that. Disability discrimination to limit voluntary exit payments to reflect pension

The EAT confirmed that it was discrimination arising from a disability to cap two voluntary exit payments because the recipients were entitled to immediate disability related pensions in Chief Constable of Gwent Police v Parsons.

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Safety first. New employer's legal advice meant it did not induce a breach of contract

The issue for the Court of Appeal in Allen t/a David Allen Chartered Accountants v Dodd & Co Ltd was whether an employer had induced a new employee to breach his contract with his former employer when he started the new job before his restrictive covenants expired. It had not, because it had taken legal advice and honestly relied on the view that the covenants were not enforceable, even though this turned out to be mistaken.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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