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AGE DISCRIMINATION: Taking it literally

29 April 2016  

The wording of an employer’s policy meant it was merely obliged to provide PHI, not to ensure the employee actually received payments, write Helen Roberts and Rebecca Harding-Hill

As a result of age discrimination legislation which came into force nearly ten years ago, a number of employers now run two permanent health insurance (PHI) schemes. Under their current scheme, they offer cover to employees up to the age of 65 but there are still some employees claiming under a previous scheme with a lower age limit. This is usually because such employees were already off sick and receiving benefit when the employer entered into the current scheme and were not eligible to join it.

Additional Info

  • Case(s) Referenced:

    Anite Systems Ltd v Williams-Key [2001] UKEAT/898/98

    Hall v Xerox UK Ltd [2014] UKEAT/0061/14

    Pioneer Technology (UK) Ltd v Jowitt [2003] EWCA Civ 411

    Smith v Gartner UK Ltd [2016] UKEAT/0279/15

    Whitham v Capita Insurance Services Ltd [2013] ET/2505448/12

Last modified on 03 May 2016