The claimant claimed unfair dismissal and also sought a redundancy payment and notice pay. The situation arose out of a proposed higher rate of pay for a new post which the respondent ultimately was unable to afford. The claimant turned down a job offer elsewhere on the understanding that he would be paid a higher wage by the respondent; an offer which eventually never materialised.

The tribunal found as a finding of fact that the claimant’s original job offer remained open for the claimant. The tribunal held that as a result of this the claimant terminated the contract of employment.

Turning to the issue of constructive dismissal, the tribunal held that the respondent clearly breached an expressly agreed contractual