Fear not said he, all is not lost! We now know that whilst an employer cannot cure a repudiatory breach of contract it can take action to prevent a situation from festering and escalating into a repudiatory breach (and thus a constructive dismissal claim). For example, senior management may step in and vindicate an employee from spurious accusations against them before trust and confidence is seriously damaged or destroyed. That said, even an honest mistake can amount to a constructive dismissal if the mistake, however earnestly held, is a fundamental breach of contract.
Carol – Whilst lawyers watched their clocks by night
Assamoi v Spirit Pub Company (Services) Ltd
Roberts v The Governing Body of Whitecross School
For more information, help or advice please contact Tim Davies on 0191 211 7927 or email [email protected].