Slynn J said: ‘It seems to us that where what is being relied upon by an employer or an employee is not a resignation or a dismissal but conduct which is said to be a fundamental breach of the contract and where the parties said to have been in breach, has not indicated that it considers the contract to be at an end, then the accounts of a fundamental breach, if such it be does not itself determine the contract. The contract is determined when the fundamental breach is accepted, it is the acceptance by the employee in the case of an alleged fundamental breach by the employer which constitutes the termination by the employee.’
Judges:
Slynn J
Citations:
[1979] IRLR 386
Jurisdiction:
England and Wales
Cited by:
Cited – Rasool and Others v Hepworth Pipe Co Ltd EAT 1980
240 employees had attended a mass meeting. The employers wrote to them saying that they had broken their contract by attending an unauthorised meeting during working hours and they had automatically terminated their employment. They claimed unfair . .
Cited – Alcan Extrusions v Yates and others EAT 5-Feb-1996
The employers appealed against a decision that it had constructively dismissed the respondents by substantially changing their employment terms.
Held: The tribunal approved the chairman’s statement that ‘the applicants’ former contracts of . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 10 May 2022; Ref: scu.278578