Test for constructive dismissal
In the case of Wright v North Ayrshire Council, the Employment Appeal Tribunal (EAT) emphasised the correct test for determining whether an employee has resigned in response to fundamental breaches by his or her employer.
In order for an employee to succeed in relation to a constructive dismissal case, they have to show that there had been a breach of contract by the employer; the breach is repudiatory or fundamental; the employee has resigned in response to the breach; and before doing so the employee has not acted so as to affirm the contract notwithstanding the breach.
The claimant was employed as a care-at-home assistant and after seven years’ employment she resigned and claimed there had been a constructive dismissal…
If you are registered and logged in to the site, click on the link below to read the rest of the Winckworth Sherwood briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.