EAT clarifies the right test for constructive dismissal

When employees claim constructive dismissal, employers are often tempted to look for

When employees claim constructive dismissal, employers are often tempted to look for reasons for leaving other than any alleged breach of contract and argue that as the breach was not the main cause, then there are no grounds for a claim. The EAT in Wright v North Ayrshire Council highlighted why this is the wrong approach. The Tribunal found the Council had fundamentally breached Wright’s contract because of the poor handling of three grievances. Wright was also finding it difficult to combine her caring responsibilities with the demands of her work pattern when she resigned. As there were mixed motives for resigning, the Tribunal decided that it must determine 'the effective cause'. As the cause was the conflict between caring duties and work, and not the Council's breaches, Wright had not been constructively dismissed.

Wrong said the EAT. The crucial question is whether the repudiatory breach of contract played a part in the decision to leave. An employee can leave for a whole host of reasons, but if a repudiatory breach is one of the factors relied upon, there is the basis for a claim. It’s not a case of whether a fundamental breach is “the” cause of resigning, but whether it is ″a″ cause. So the case would have to go back to the Tribunal to determine whether the Council's repudiatory breaches 'played a part' in Wright's resignation.

Read more

Latest News

Read More

The Yin and Yang of technology/AI and culture

25 April 2025

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

University of Buckingham – Human ResourcesSalary: £44,544 to £47,632 per annum (Band 5) This provides summary information and comment on the subject areas covered. Where

University of Strathclyde – Human Resources DirectorateSalary: £46,735 to £57,422 per annum This provides summary information and comment on the subject areas covered. Where employment

Withnearly 90 board-level Portfolio People Directors collaborating withover 300 clients, our impact is significant—and we’re excited tokeep expanding! Main Responsibilities: – Lead the delivery of

Who are you? A highly successful CPO/People/HRDirector that loves to help businesses unlock their potential anddrive through people solutions that change lives. Withnearly 90 board-level

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE