Q&As

If a Permanent Health Insurance provider considers that an individual who has been receiving benefits under a PHI scheme is fit to return to work and therefore withdraws benefits, but the individual may appeal that decision, does the implied contractual term that the employer will not terminate the contract while the employee is incapacitated from work prevent the employer from terminating the employment until the appeal has been heard?

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Published on LexisPSL on 28/09/2018

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • If a Permanent Health Insurance provider considers that an individual who has been receiving benefits under a PHI scheme is fit to return to work and therefore withdraws benefits, but the individual may appeal that decision, does the implied contractual term that the employer will not terminate the contract while the employee is incapacitated from work prevent the employer from terminating the employment until the appeal has been heard?

You may wish to consider separately:

  1. the implied term

  2. the fairness of a dismissal which prejudices Permanent Health Insurance (PHI) rights, under the statutory law on unfair dismissal

Where an employee's entitlement to benefit under the employer's PHI scheme is dependent upon the continuance of the employment relationship, it has been held (by the High Court) that a term should be implied into the contract of employment to the effect that the employer will not terminate the contract while the employee is incapacitated fro

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