The test for determining whether there has been a repudiatory breach of contract sufficient to entitle the employee to leave and claim constructive dismissal is an objective one to be determined by the Tribunal itself. The Employment Appeal Tribunal will not interfere with such findings unless they amount to a conclusion which no reasonable tribunal could reach. The tribunal should consider –
(i) What are the terms of the contract of employment?
(ii) Do the facts as found by the tribunal constitute a breach of contract by the employer?
(iii) Does the conduct of the employer amount to a fundamental breach of contract?
Citations:
[1981] ICR 674, [1981] IRLR 173
Jurisdiction:
England and Wales
Cited by:
Cited – Claridge v Daler Rowney Ltd EAT 4-Jul-2008
EAT UNFAIR DISMISSAL: Constructive dismissal
The Employment Tribunal held the employee had not been constructively dismissed. One of the complaints related to defects in the handling of the grievance . .
Cited – McBride v Scottish Police Authority (Scotland) SC 15-Jun-2016
The court was asked whether the employment tribunal had been correct, after finding that the appellant had been unfairly dismissed, to order her reinstatement. She had worked as a fingerprint officer, but her reinstatement was to be on terms that . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 02 May 2022; Ref: scu.279813