Saminaden v Barnet Enfield & Haringey NHS Trust - Change in contractual terms imposed by employer as a penalty did not erase original dismissal [2008] EAT

The NHS Trust dismissed Mr Saminaden for misconduct but subsequently, on appeal, this penalty was changed, whereby he was re-instated at a lower grade (and salary). His contract specifed that this could only occur with his written agreement. Mr Saminaden, having been told to report back to work, wrote to say he was doing so "under duress". He worked for a time under the new conditions then put in a grievance and went off sick.

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