ICTS (UK) Ltd v Visram [2020]

The claimant worked for the respondent (and its predecessor company) since 1992 as a security co-ordinator.  In the claimant’s terms and conditions of employment it stated that long-term disability benefit was available for those who:

‘…were absent from, and unable to, work due to sickness and injury for a continuous period of twenty-six weeks or more.’

This disability benefit would be paid from 26 weeks after the absence until the return to work, death or retirement of the employee.   The claimant was absent due to work related stress and depression from 2012 until he was dismissed in August 2014 on the grounds of medical capability.  In the background, with his