CHRISTIE, MANSON & WOODS LIMITED v MR J STANCLIFFE [1999] UKEAT 469_99_0107
[1]APPEARANCES For the Appellants MR I GATT (of Counsel) Messrs Watson, Farley & Williams Solicitors 15 Appold Street London EC2A 2HB JUDGE PETER CLARK : The question of law raised in this appeal is whether it was open to the appellant employer to rescind a consensual variation of the terms of an employment contract made with the respondent employee on the ground that, in breach of contract, the respondent was guilty of prior non-disclosure of a fact material to the variation. The London (South) Employment Tribunal found that it could not revert to the status quo ante, that is the terms of the contract prior to the variation; either the employer accepted the respondent's repudiatory breach and treated the contract as at an end in its entirety, or it accepted the breach, in which case, the contract continued as varied. The tribunal found the latter to be the case and upheld the respondent's complaint of unlawful deductions from his wages, being the difference between his original level of remuneration and that resulting from the variation.[2]Having considered the submissions advanced by Mr Gatt we are satisfied that the appeal is arguable and should proceed to a full inter partes hearing.[3]For that purpose we shall direct that the case be listed for one full day; Category B. There will be exchange of skeleton arguments between the parties not less than 14 days before the date fixed for the full appeal hearing. Copies of those skeleton arguments to be lodged with the EAT at the same time.