i-law

Litigation Letter

No duty to give employee financial advice

Crossley v Faithfull & Gould Holdings Ltd CA TLR 29 March

The employee, on medical advice, wrote a resignation letter, the effect of which was that he was no longer entitled to benefits under the terms of the employer’s insurance scheme as of right, but only as a matter of discretion. In the exercise of its discretion the insurer paid benefits for a year, but no more. The employee complained that the employer had asked him to submit a resignation letter knowing that he was applying for benefits under the scheme and that the resignation would seriously prejudice his entitlement to such benefits.

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