Employment Review: Can raising written concerns with an employee on sick leave amount to constructive unfair dismissal

Background Constructive Dismissal

A significant/repudiatory breach of contract by the employer, and The employee must leave in response to that breach without delay (so as not to be deemed to have waived the breach).

Facts Decision Mr Baldwin knew or ought reasonably to have known the letter of 8 November was likely to cause the Claimant to become upset such that she could not return to work, but was prepared to take that risk. Mr Baldwin’s letter raised a number of concerns that were not serious and did not need to be dealt with at that stage (not urgent) (some of which Mr Munro felt had been dealt with and were closed), Mr Baldwin wrote to a very ill employee who was not fit to deal with those matters. The Claimant’s resignation had been caused by Mr Baldwin’s letter of 8 November, which she was entitled to treat as a repudiatory/significant breach of contract.

Comments Private Medicine Intermediaries Ltd & Others v Hodkinson UKEAT/0134/15, 15 January 2016.

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