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Constructive dismissal: Advance indication of changed role could give rise to constructive dismissal

This report relates to 1 case(s)

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    Nelson v Kingston Cables Distributors Ltd EAT/662/99 (0 other reports)

An employer that gives a clear indication, in advance of an employee's return to work after maternity leave, that the conditions of her old job will no longer be available to her, and that she must accept a fundamental change if and when she does return, could be held thereby to have evinced an intention not to continue performing its part of the original contract, according to the EAT in Nelson v Kingston Cables Distributors Ltd 2.5.00 EAT 662/99. That would be capable of giving rise to an anticipatory repudiatory breach of contract, entitling the employee, by due acceptance, to treat the contract as brought to an end straight away.