The Court of Appeal was asked to consider the circumstances in which an employee could be deemed to have accepted changes to terms and conditions of employment which had been implemented unilaterally.

The Court of Appeal found that, while in certain cases acceptance could be inferred by conduct, the employee’s behaviour would have to be capable of no other reasonable explanation.

Acceptance had to be unequivocal and, where there was ambiguity, the employee would be given the benefit of the doubt.