Winckworth Sherwood

UK 200 2014 position: 81

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…

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