Source: All England Reporter
Publisher Citation: [2005] All ER (D) 367 (Nov)
Court: Employment Appeal Tribunal

Judge Serota QC, Lord Davies of Coity and Ms N Sutcliffe

Representation David Massarella (instructed by Morrish & Co, Leeds) for the employee.
  Andrew Short (instructed by Kennedys) for the employer.
Judgment Dates: 28 November 2005


Sex discrimination - Employment - Discrimination against a woman - Constructive dismissal - Employment tribunal upholding employee's complaint - Whether employee had affirmed contract.

The Case

The Employment Appeal Tribunal upheld the decision of the employment tribunal, inter alia, that the employee had been unfairly constructively dismissed on the basis that, on the findings made by the tribunal, there had clearly been a continuing breach of contract and there could be no question that the employee had accepted a repudiatory breach of contract without there being any waiver of her right to do so or affirmation of the contract.

Practice Areas

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