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Employment

What was the final straw?

Can an employee succeed in their constructive unfair dismissal claim where the employer’s breach of contract is one of many reasons for their resignation?

Unfortunately, the answer to this question is yes!

A recent case has made it absolutely clear that an employer’s breach of contract only needs to be "a" cause for the employee’s resignation, rather than "the" cause. Indeed, the breach does not even need to be the most important cause for the resignation.

However, if the employer’s breach is one of many reasons for the employee’s resignation, this is likely to reduce the compensation awarded to the employee, although this may be of little comfort to employers reading this update!

 

These notes have been prepared for the purpose of an article only. They should not be regarded as a substitute for taking legal advice.

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