Topliss v Canterbury College

Unfair dismissal – Constructive dismissal. The Employment Appeal Tribunal decided that the employment tribunal had erred in its decision that the employee had been constructively dismissed without first asking itself the correct question, namely, whether the employee had acted in such a way as to breach the implied term of the contract between employer and employee. Further the decision made by the tribunal was perverse as there had been internally contradictory findings. Accordingly, the employer's appeal was allowed and the matter was remitted to a fresh tribunal.

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