EAT UNFAIR DISMISSAL – Constructive dismissal
The Claimant considered that she was treated in a way which was in fundamental breach of her contract of employment. She invoked the grievance procedure, which resulted in a decision adverse to her on 13 February 2009 but she only resigned by a letter dated 24 March 2009. The Employment Tribunal held that the Respondent had repudiated the contract of employment but that the Claimant had affirmed the contract by her delay.
The Claimant appealed.
Held:-
The appeal was dismissed because the Employment Tribunal was entitled to hold that the Claimant had affirmed the contract. W E Cox Toner (International) Ltd v Crook [1981] IRLR 447 applied.
Judges:
Silber J
Citations:
[2011] UKEAT 0513 – 10 – 2207
Links:
Jurisdiction:
England and Wales
Citing:
Applied – 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.
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 16 September 2022; Ref: scu.442176