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Constructive dismissal: Employer's intention to reduce sick pay was fundamental breach of contract

This report relates to 1 case(s)

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.