In reaching its decision the Court of Appeal set out the policy reasons that a court may rely upon to find a constructive dismissal
despite explicit language in the employment contract allowing the employer to unilaterally change the employee's terms of employment.
His argument runs: Marriage is a public function; bodies exercising public functions have a duty not to discriminate; therefore if they offer marriages, they have a duty to offer civil partnerships,
despite the explicit language to the contrary in s. 202 itself and elsewhere.