Demotion did not terminate original contract

Case 3: The facts

Mr Roberts worked as a chef for West Coast Trains. He was accused of misconduct and dismissed. On appeal the dismissal was reduced to demotion. Roberts was unhappy with that alternative, resigned and claimed unfair constructive dismissal.

The ruling

The EAT held that the demotion did not involve a termination of the original contract and that no new contract was entered into following the demotion. It held that the employment relationship continued, giving Roberts no grounds for the claim.

Roberts v West Coast Trains EAT/0312/03