Constructive Dismissal And Affirmation Of Contract

In a case in the Appeal Tribunal last week, constructive dismissal was examined. If an employee is claiming constructive dismissal, they must either resign promptly and immediately after the alleged breach by the employer, or they must give their notice in promptly. In this case the emplopyee gave 7 months notice, not the 3 he was required to give. His reason was he needed the money.

The court ruled that in constructive dismissal, the employee cannot hang around until it is convenient to leave. The employee must go straight away, or give contractual notice straight away. Otherwise the claim will fail.

The case is Cockram v Air Products PLC (2014) PLC

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Constructive Dismissal And Affirmation Of Contract