Where an employer was contractually obliged to provide an employee with long-term disability benefits until his "return to work", did that mean the entitlement would cease once he was capable of taking up some kind of paid employment?
No, held the EAT in ICTS Limited v Visram.
Mr Visram went on sick leave with work-related stress and depression, and was dismissed for incapacity. His complaints to the tribunal of unfair dismissal and disability discrimination succeeded.
Assessing remedy, the tribunal held that "return to work" meant return to the work from which he had gone sick. There was no prospect of the Claimant ever being able to do that, so he was entitled to be compensated for loss of benefits until death or retirement.
Thanks to Naomi Cunningham of Outer Temple Chambers for preparing this case summary.