The Claimant transferred to the Respondent after working for the transferor for 47 years. The terms of his contract included a right to full pay when off sick. He resigned due to the Respondent making clear that his contractual entitlement to sick pay would not be honoured and he won his claim of constructive unfair dismissal at the ET. The Respondent appealed.

The EAT dismissed the appeal. There was no force in the Respondent's submission that the Employment Tribunal in this case misunderstood or misapplied Autoclenz. The Respondent did not articulate a proper basis on which a clearly expressed written term had come to differ from the parties' understanding. There was no agreed variation, no suggestion that the written contract was erroneously expressed or had never been intended to reflect the true position. The Employment Judge was entitled to reach the conclusion on the evidence before him that the Claimant and his employer had agreed a generous sick pay regime as reflected in the written terms.