EAT Contract of employment – Damages for breach of contract
Unlawful deduction from wages
Whether express term of contract as to mileage expenses was consensually varied by the Claimant’s acquiescence. Whether employment continued under protest. Appeal allowed in part and remitted for rehearing.
 UKEAT 0342 – 07 – 1610
Employment Act 2002 31
Cited – Western Excavating (ECC) Ltd v Sharp CA 1978
To succeed in a claim for constructive dismissal the plaintiff must establish a breach of contract by the defendant, that the breach was sufficiently serious to have justified the claimant resigning, or at least be the last in a series of events . .
Cited – Rigby v Ferodo Ltd HL 1988
The House considered a claim for constructive dismissal where the employer had changed the terms of the employment contract by unilaterally imposing a pay cut.
Held: It was possible for an employee to continue to work under protest as to the . .
Cited – Burdett Coutts v Hertfordshire County Council 1984
An employee who continues to work under protest after a unilateral variation by the employer will not be prevented from bringing a claim for damages for breach of contract. . .
Cited – Jones v Associated Tunnelling Co Ltd EAT 16-Oct-1981
The tribunal had been asked as to the circumstances under which the acceptance of new employment terms can be inferred from an employee’s continuing to work.
Browne-Wilkinson P said: ‘The starting point must be that a contract of employment . .
These lists may be incomplete.
Updated: 04 February 2021; Ref: scu.261541