In Rajput v Sky Retail Stores Ltd [2024] EAT 46 the employment tribunal held that unilateral changes to the claimants’ contracts (changing their role from Store Manager to Sales Advisor but increasing their pay) had resulted in Hogg v Dover College [1990] ICR 39 dismissals. This meant that the claimants could not pursue a wages claim in respect of their old contracts. On appeal, the claimants sought to argue that in respect of a contract-based claim, Hogg must be interpreted or applied in light of Geys v Sociéte Générale, London Branch [2013] IRLR 122 in which it was held that the elective theory of termination applies to contracts of employment.
The EAT recognised that this was a novel doctrinal point that was at least arguable but, since it was a new substantive point which had not been run below, permission to run the point was refused.
While the EAT in Rajput did not determine the impact of Geys on Hogg dismissals, this legal argument may be something that parties choose to explore in future cases.
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