Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Manchester 0844 800 8346

Office Number 129
Manchester Business Park
3000 Aviator Way
Manchester M22 5TG

Send us a message
Our Offices

Is a constructive dismissal claim barred by employee’s own breach?

29th September, 2014

In the case of Atkinson v Community Gateway Association UKEAT/0457/12 the Employment Appeal Tribunal has confirmed that an employee is not prevented from bringing a claim of constructive unfair dismissal purely because he is also in repudiatory breach of his contract of employment.

It was held that whilst the employee may still be able to bring the constructive dismissal claim, his own breach will be relevant at the question of remedy.

Mr Atkinson was subject to disciplinary proceedings brought by his housing association employer, Community Gateway Association (“CGA”). Following disagreements about the disciplinary procedure, Mr Atkinson resigned his position with immediate effect and brought a constructive unfair dismissal claim in the Tribunal.

CGA applied to strike out the constructive unfair dismissal claim on the basis that Mr Atkinson had committed his own repudiatory breach of contract which CGA were previously unaware of. In addition, CGA argued that Mr Atkinson’s contentions in relation to a breach of privacy did not stand up.

The claim was struck out, to which Mr Atkinson appealed.
On appeal to the EAT, it was noted that CGA established that it would have fairly dismissed Mr Atkinson, had it known about his original breaches of contract. On this basis compensation could be reduced by 100%. The case was remitted to a fresh Tribunal.

For further information and advice in relation to constructive dismissal, please contact Helen Watson on 01244 405565 or send an email to [email protected].

You might also be interested in...

Opening up the Market in the United Arab Emirates

10th September, 2018

This is the first in a series of  6 articles with regards to establishing a business in the... Read More »

What to do if you receive a statutory demand…

9th August, 2018

We have been approached by a number of clients who have received a statutory demand, either personally or to their company, and they have asked us what to do about it. One business was contacted by a company demanding payment of a debt owed under a contract for TV advertising in a shopping mall.  We presume – but... Read More »

Farming solicitor Ben Brassington joins top law firm in Shrewsbury

3rd August, 2018

Agriculture and Estates specialist Ben Brassington has strengthened the services offered by Top 200 legal firm Aaron & Partners LLP A dairy farmer with more than 18 years’ experience as a Partner in his family’s farming business has been appointed by a top legal firm in Shrewsbury. Ben Brassington, who has also been working for several years as... Read More »

Contact Us