Roberts v The Governing Body of Whitecross School [2012] UKEAT/0070/12/ZT

The appellant employee appealed against an employment tribunal's decision that his resignation did not amount to constructive dismissal and so the respondent employer had not unfairly dismissed him. The appellant was a teacher who went on sick leave with stress and depression after allegations were made against him at work. The respondent decided to pay the appellant half pay rather than the full contractual sick pay for his absence because it mistakenly interpreted the Collective Agreement covering sick pay which was incorporated into the appellant‟s contract of employment. The respondent wrongly thought that the Collective