March v Silicone Altimex Ltd

Unfair dismissal – Constructive dismissal. The employment tribunal allowed the employee's claim for constructive unfair dismissal on the basis that the employer's conduct of a disciplinary hearing which had resulted in the employee's dismissal had amounted to a repudiatory breach of contract. The Employment Appeal Tribunal (the EAT) upheld the employer's appeal against that decision on the grounds, amongst other things, that: (i) the tribunal had not considered whether the employee had resigned in response to that breach of contract; and (ii) the tribunal had wrongly concluded that the employee had affirmed the contract of employment. Accordingly, the matter was remitted for re-hearing before a fresh tribunal.

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