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ARTICLE · 07 DECEMBER 2018

Employment Essentials - November 2018

Gowling WLG
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This month Gowling WLG's employment, labour & equalities experts discuss their pick of November's top five employment law developments that may affect your business:

United KingdomEmployment and HR
Jane Fielding
Jane Fielding
Connie Cliff
Connie Cliff
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This month Gowling WLG's employment, labour & equalities experts discuss their pick of November's top five employment law developments that may affect your business:

  1. Unfair dismissal & employees entitled to PHI payments
  2. Disability discrimination & excluded conditions
  3. Holiday leave: use it or lose it?
  4. Non-disclosure agreements remain in the spotlight
  5. April 2019 increases to statutory pay rates announced

1. Unfair dismissal & employees entitled to PHI payments

Where an employer operates a scheme providing long-term sickness or incapacity benefits, such as a permanent health insurance (PHI) scheme, the courts may imply a term preventing an employee being dismissed where this would deprive them of the benefits to which they would otherwise be entitled under the scheme. This is often referred to as an 'Aspden term' (High Court in Aspden v Webbs Poultry and Meat Group (Holdings) Ltd [1996]).

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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