Compensation - health cover

Case 9: The facts

John Haddock suffered disability discrimination at work, resulting in psychiatric injury. He could not return to work, but remained employed and received payment under the terms of a permanent health insurance (PHI) scheme.

Haddock was awarded compensation that did not take into account the PHI payments. His employer, who had not entered a Notice of Appearance (ET3) or taken part in the tribunal proceedings, appealed the amount of compensation and said that the PHI payments should be taken into account.

The ruling

The Employment Appeal Tribunal decided firstly that an employer who had not entered an ET3 could still take part in an appeal against a tribunal decision.

It also held that payments made under an insurance scheme with no employee contribution should be taken into account in assessing compensation.

Atos Origin IT Services UK v Haddock UKEAT/0100/04