Law-Forums.org

[ardwyad]

If my employment contract defines incapacity as unable to return to old job or SIMILAR job but the Insurance company providing the group income protection says their definition of incapacity is unable to return to old job or ANY job, can I sue my employer for breach of contract if I am unable to return to my old job or similar but could do some sort of work but nothing like the same sort of work or pay level? As far as I am concerned, I have a contract with the employer and they have a contract with the Insurer but the wording for both differ and thats not my problem if its their error. The Insurance company have stopped paying my employer and my employer says they have to abide by what the Insurance company says. My argument is that my employer has promised one thing in my contract and is liable to pay me come what may. Has anyone any experience of contract law or anything similar happening to point me in the right direction? I was off with throat cancer and my main problem is that its left me with difficulty speaking which was the major part of my job.

[nissim42]

Best bet is to find yourself a good employment lawyer.

I am a little confused though, about why the insurer stopped paying when their terms seem to be better (from your point of view) than your employer. That is, your insurer says their definition of incapacity is unable to return to old job or ANY job. That would imply that they should have no reason to stop your payments unless you had returned to work.

[jabarl]

I agree with Shortie. The apparent discrepancy in the wordings appears to work in favour of both you AND your employer.
I don't see the problem.