EAT Unfair Dismissal : Constructive dismissal – breach of contract – affirmation
The Employment Tribunal applied correct principles of law to the question of affirmation: WE Cox Toner (International) Limited v Crook [1981] ICR 823 and Hadji v St Luke’s Plymouth [2013] UKEAT/0095/12 applied. No special principles apply in the case of an employee who alleges that the employer’s repudiatory conduct amounts in effect to demotion. Bashir v Brillo Manufacturing Co Limited [1979] IRLR 295 and El-Hoshi v Pizza Express Restaurants [UKEAT/0857/03] discussed and explained. Observations on the significance of acceptance of sick pay in deciding whether a contract of employment has been affirmed.
The Employment Tribunal was not perverse in rejecting the Claimant’s case that she was too unwell to resign.
David Richardson HHJ
[2015] UKEAT 0539 – 13 – 3001
Bailii
England and Wales
Employment
Updated: 27 December 2021; Ref: scu.542028