Employment Law
Employees claiming contractual benefits, such as sick pay, cannot chase further claims against their employers if something else happens to them after the original mishap, the Court of Appeal has ruled.
Suzanne Hawkins, a solicitor from Browne Jacobson, who acted for the defendant in Brazier v Wolverhampton City Council, says the ruling confirms the double jeopardy rule applies to damages payments.
She says: “This ruling is also good news for the insurance industry as it brings clarity to an area of law that has been in confusion for some time.
“Clear rulings on complex issues such as contractual benefits should be welcomed by insurers and employers as they provide guidance on future cases and also deter employees from bringing spurious or speculative claims to court,” she adds.
Martin Porter QC of 2 Temple Gardens, who acted for Wolverhampton City Council, says: “The position may be more interesting if the facts are such that the benefit is payable as a consequence of subsequent non-tortious injury or disease.”
Brazier, a care assistant, suffered a back injury while at work in 2003. She undertook lighter duties until this work became unavailable. She was then paid sick pay and given notice of ill health retirement. During the notice period, an accident left her unfit for work. Her claim that she should be entitled to a full year of sick pay was rejected by the appeal court.
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