ICTS (UK) Ltd v Visram (Rev 1) [2019] UKEAT 0133_18_2703 (27 March 2019)

ICTS (UK) Ltd v Visram (Rev 1) [2019] UKEAT 0133_18_2703 (27 March 2019)

The Employment Tribunal did not err in construing 'return to work' as return to the original job, supported by the insurance policy referenced in the contract. The Tribunal erred by failing to make an award for aggravated damages or give adequate reasons for not doing so.

Citation
[2019] UKEAT 0133_18_2703
Parties
Respondent: ICTS (UK) Limited; Claimant: Mr A Visram
Jurisdiction
United Kingdom
Judgment Date
27 March 2019
Procedural Posture
Employment Appeal / Appeal Judgment on Remedy Following Earlier Liability Finding
Outcome
Respondent's appeal dismissed; Claimant's appeal allowed in part; case remitted to Employment Tribunal for further determination.
Legal Topics
Disability Discrimination, Unfair Dismissal, Contract Interpretation, Compensation, Aggravated Damages, Mitigation of Loss
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Contract Interpretation Compensation Aggravated Damages Mitigation of Loss

Case Brief

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Parties

ICTS (UK) Limited

Respondent

Mr A Visram

Claimant

Procedural Posture

Employment Appeal / Appeal Judgment on Remedy Following Earlier Liability Finding

Legal Issues

  1. 1 Whether 'return to work' in the long-term disability benefit clause means return to original job or any suitable work
  2. 2 Whether the Employment Tribunal erred in its construction of the contractual term
  3. 3 Whether the Tribunal erred in failing to award or give reasons for aggravated damages

Ratio Decidendi

The Employment Tribunal did not err in construing 'return to work' as return to the original job, supported by the insurance policy referenced in the contract. The Tribunal erred by failing to make an award for aggravated damages or give adequate reasons for not doing so.

Court Disposition

Respondent's appeal dismissed; Claimant's appeal allowed in part; case remitted to Employment Tribunal for further determination.

Orders

  • Compensation for loss of long-term and associated benefits and mitigation to be determined by the Employment Tribunal.
  • Claim for aggravated damages remitted for determination.