Charles Crow

Proportionality has been the watchword in costs for such a length of time that one might have...

Date: Thu, 10 Oct 2019

In the recent case of Awan v. ICTS UK Ltd [2018] 11WLUK 385 (Simler J, President) the EAT confirmed and strengthened previous decisions (Aspden v. Webbs Poultry [1996] IRLR 251, Briscoe v. Lubrizol Ltd [2002] IRLR 607, amongst others) to the effect that a term will be implied into contracts of employment that "once the employee has become entitled to payment of disability income due under the long-term disability plan, the employer will not dismiss him on the grounds of his continuing incapacity to work”.  But is this apparently Claimant-friendly decision potentially a two-edged sword?...

Date: Wed, 12 Dec 2018