The employer appealed a decision that they had constructively dismissed the claimant. They said that by delaying her resignation, she had affirmed the contract. She had been off work and expected to return only after a length of time for recuperation. She resigned upon returning to work. The EAT found that the circumstances of the delay, and in particular that the employer had done nothing to address her grievances in the meantime, were capable of founding the tribunal’s finding that she had not affirmed the changes in her employment.
EAT Unfair Dismissal – Reason for Dismissal
The Honourable Lord Johnston
EAT/455/01
England and Wales
Citing:
Cited – W E Cox Toner (International) Ltd v Crook EAT 1981
In a case of constructive dismissal, the ordinary contractual rule applies; the wronged party may give the other party an opportunity to remedy the breach. In doing so he does not waive the breach and thereby affirm the contract.
Updated: 12 September 2021; Ref: scu.168320
