Roberts v Governing Body of Whitecross School EAT/0070/12
Reports relating to this case:
- 23 January 2013
In Roberts v Governing Body of Whitecross School EAT/0070/12, the EAT held that the employer's "settled intention" to reduce the employee's sick pay by half, based on a genuine but mistaken interpretation of a clause in his contract, amounted to a fundamental breach of contract. Accordingly, the employee was entitled to resign and claim constructive dismissal.
Constructive dismissal: employer's "settled intention" to halve employee's sick pay was fundamental breach of contract
- 14 August 2012
The Employment Appeal Tribunal has held that an employer was in fundamental breach of contract when it indicated to an employee on long-term sick leave its settled intention to reduce his sick pay by 50%, which was in breach of a collective agreement.