EAT Unfair Dismissal: Constructive Dismissal – The Employment Tribunal found that the Respondent had committed a repudiatory breach of contract, but the Appellant had affirmed that breach prior to her resignation. The Appellant appealed the finding of affirmation of the breach. Appeal allowed. The Employment Tribunal had focussed on the Appellant’s written acceptance of terms and conditions of the new contract of employment for the demoted position and that she had worked from April to September 2014 in that position, but had failed to have proper regard to material oral evidence that she had only worked in the demoted position under protest. Case remitted to the same Employment Tribunal to determine the issue of affirmation of the breach, having regard to all material evidence.
Supperstone J
[2016] UKEAT 0315 – 15 – 0103
Bailii
England and Wales
Employment
Updated: 01 November 2021; Ref: scu.562549