Legal principle
Constructive dismissal asks whether the employer committed a repudiatory breach of contract. The range-of-reasonable-responses test used in ordinary unfair dismissal does not decide whether that contractual breach occurred.
What the court decided
The Court of Appeal confirmed that a repudiatory breach is assessed using ordinary contract principles. Once committed, the employer cannot unilaterally cure it, although the employee may affirm the contract by waiting or continuing without reservation.
The practical test
- 1
Identify the express or implied contractual term relied upon.
- 2
Decide objectively whether the employer's conduct was a fundamental breach.
- 3
Determine whether the employee resigned in response before affirming the contract.
How tribunals apply it
- The implied duty of trust and confidence is frequently relied upon.
- An apology or internal appeal may affect whether the employee affirms the contract, but does not erase a completed repudiatory breach.
- Unreasonable conduct is not automatically a fundamental contractual breach.
Connected legislation
WorkDisputes tribunal data
Recent decisions involving related issues
These decisions are selected from topic classifications in our public Employment Tribunal dataset. A matching topic does not mean the decision applied this authority directly.
Constructive Dismissal, Discrimination, Unpaid Wages, Harassment and Other
Employer: Rippleglen Ltd
The claimant succeeded on some harassment, reasonable adjustment, constructive dismissal, and statutory right claims but lost on wages and other allegations, resulting in a mixed outcome.
Legal Issues (7)
- Disability harassment
- reasonable adjustments
- discriminatory constructive dismissal
- unlawful deduction from wages
- statutory right to be accompanied
- time limits
- ACAS code uplift
Reference: 6000032/2024
Unfair Dismissal, Discrimination and Harassment
Employer: The Lowry Hotel Ltd
The claimant succeeded on unfair dismissal and direct race discrimination, while harassment and victimisation claims were partially successful, resulting in a split overall outcome.
Legal Issues (5)
- Constructive dismissal
- unfair dismissal
- direct race discrimination
- race-related harassment
- victimisation
Reference: 6004933/2024
Unfair Dismissal, Discrimination and Breach of Contract
Employer: Dr R Wadhwani
All claims (unfair dismissal, breach of contract, and disability discrimination) were dismissed, with the unfair dismissal and breach of contract claims failing on their merits and the discrimination claim struck out for being out of time.
Legal Issues (1)
- Constructive dismissal: whether the employer's conduct breached the implied term of trust and confidence and amounted to a repudiatory breach. Breach of contract: whether an implied term for an exit payment could be established (certainty, agreement to agree). Disability discrimination: application of time limits and just and equitable extension
Reference: 3302486/2024
Unfair Dismissal
Employer: Milton Keynes Veterinary Group
The claimant's constructive unfair dismissal claim succeeded because the employer fundamentally breached the implied term of trust and confidence and the resignation was in response to that breach.
Legal Issues (6)
- Constructive dismissal
- breach of implied term of trust and confidence
- unfair dismissal
- reliance on unimplemented policy
- procedural fairness in disciplinary and grievance processes
- last straw doctrine
Reference: 3300530/2025
Unfair Dismissal, Discrimination, Unpaid Wages and Harassment
Employer: Isle of Wight NHS Trust
The claimant's claims of unfair dismissal, wages, and race harassment were dismissed, while some allegations of disability discrimination and harassment succeeded, with remedy to be determined.
Legal Issues (7)
- Disability discrimination (direct, section 15, reasonable adjustments)
- disability-related harassment
- race harassment
- constructive unfair dismissal
- unlawful deduction from wages
- holiday pay
- extension of time limits
Reference: 1403192/2024
Unfair Dismissal, Constructive Dismissal and Other
Employer: Atwal (Midlands) Ltd (in Voluntary Liquidation)
The claimant succeeded on her claim of constructive unfair dismissal, and the Tribunal found the dismissal was unfair under section 98 of the Employment Rights Act 1996, awarding a basic award of £3,120.
Legal Issues (3)
- Constructive dismissal
- unfair dismissal
- basic award calculation
Reference: 6019133/2025