Kaur v Leeds Teaching Hospitals NHS Trust (2018 EWCA Civ 978)

The Court of Appeal set down 5 questions to be used in all constructive dismissal cases to evaluate whether the employer is at fault.

Case facts

The Claimant in this case resigned after being disciplined and issued a final written warning following an altercation with another member of staff.  She claimed previously that her performance had been unfairly criticised and that the final warning amounted to the last straw.


Conclusion for me

The Court of Appeal set down 5 questions to be used in all constructive dismissal cases.

1)     What was the most recent act (or omission) on the part of the employer which the employee says caused, or triggered, his or her resignation?

(2)     Has he or she affirmed the contract since that act?

(3)     If not, was that act (or omission) by itself a repudiatory breach of contract?

(4)     If not, was it nevertheless a part of a course of conduct comprising several acts and omissions which, viewed cumulatively, amounted to a (repudiatory) breach of the Malik term?  (If it was, there is no need for any separate consideration of a possible previous affirmation.)

(5)     Did the employee resign in response (or partly in response) to that breach?


Updated: 6th May, 2021
The Site cannot and does not contain legal advice. The legal information provided is for general informational and educational use only and is not an alternative to consulting a solicitor.
Copyright © 2021 Five Days Management Ltd. All Rights Reserved.
crossmenu-circlecross-circle
error: Alert: Please share a link to this page instead of the content!