Echoing the advice usually given to employees in the opposite case of employer repudiation to work on (if at all) under protest to protect their position, Rimer LJ said that the employers here could have expressly reserved their rights until
return to work, although as the learned editor of the IRLR points out, quite how that would fit
together with dealing sensitively with an employee away on stress - related sick leave might be an interesting question («Do
get better, with our support as a caring employer, and then when you
get back you are for the
high jump»).