Fundamental breach

A fundamental breach is one that is deemed serious enough to entitle the injured party not to continue to be bound by the terms of the contract because of the conduct of the other party. For employees, such a breach will entitle them to claim constructive dismissal and to seek a remedy via an Employment Tribunal.


Please see case Western Excavating (ECC) Ltd v Sharp for further details.

Updated: 28th April, 2021
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