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Delay precludes constructive dismissal claim
In Colomar Mari v Reuters Limited, the EAT has upheld an Employment Tribunal decision that the Claimant’s constructive unfair dismissal claim must fail in circumstances where she delayed resigning for 18 months after she complained of her employer’s alleged fundamental breach of contract. Her argument was that she was too ill to resign. However, there were other factors which the Tribunal took into account in deciding that, by her conduct, she had affirmed the contract, one of which was that she had accepted 39 weeks sick pay. This, combined with not resigning for 18 months, meant that she had affirmed the contract in the eyes of the Tribunal and the EAT. Therefore the constructive unfair dismissal claim failed.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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