Constructive dismissal

Affirmation of contract: context, and evidence, is all

An employee who signed a new contract following her employer’s breach of her original contract has had her constructive dismissal claim reinstated and sent back to the tribunal to consider the unchallenged evidence that she had only continued to work in her demoted role under protest.
Novakovic v Tesco Stores Ltd
 

Contacting absent and sick employees

An employee was constructively (and unfairly) dismissed when her employer wrote to her while she was off sick for work-related stress, raising performance issues which weren’t serious or urgent.
Private Medicine Intermediaries Ltd v Hodkinson
 

Affirming contracts of employment– context is everything

When considering whether an employee has delayed too long following his or her employer’s fundamental breach of contract, i.e. whether he or she has ‘affirmed’ the contract, the reasons for and the context in which the delay occurred should not be overlooked.
Adjei-Frempong v Howard Frank Ltd
 

Employee affirmed her contract whilst off sick

An employee who claimed unfair constructive dismissal based on events before her long-term sick leave had delayed too long before resigning and had, by virtue of her conduct whilst on sick leave, affirmed her contract and thus lost the right to claim.
Mari v Reuters Ltd
 

Constructive dismissal where employee in breach of contract

An employee can claim constructive dismissal even if they were in breach of contract themselves at the time of the employer’s alleged breach.
Atkinson v Community Gateway Association
 

Affirming a contract isn’t just a matter of time

Whether an employee has affirmed his or contract and thereby lost the opportunity to bring a constructive dismissal claim is not just a matter of how much time has passed since the breach of contract; the employee’s subsequent conduct, and whether they’re actually at work, will also be relevant.
Chindove v William Morrisons Supermarket plc
 
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