The Employment Appeal Tribunal has held that, where an employer offers an incentive to employees to secure agreement to variation of their contracts, it is reasonable not to offer that benefit as part of an offer of re-engagement following dismissals for failure to agree.
This case demonstrates that, even if an employer is correct in its interpretation of a contractual term, the manner in which it deals with an employee in respect of that term can still give rise to a constructive dismissal.
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