Awan v ICTS UK Ltd [2019] IRLR 212

Where an employee had been dismissed on the ground of medical incapacity while his contractual entitlement to long-term disability benefits was ongoing, it was appropriate to imply a term into his employment contract to restrict the employer’s contractual power to dismiss. If the consequence of such a power was that the employer was free to terminate the contract while entitlement to disability benefits was ongoing, the contractual entitlement to such benefits would be deprived of effect.

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