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Constructive dismissal: Failure to conduct proper risk assessment can be repudiatory breach

This report relates to 1 case(s)

  • expand disabled

    Bunning v G T Bunning and Sons Limited [2005] EWCA Civ 104 CA (0 other reports)

Key points

In Gover and others v Propertycare Ltd UKEAT/0458/05/ZT, the EAT holds:

  • The tribunal was correct to find the employer in breach of its obligation to carry out a risk assessment for a pregnant worker under reg.16 of the Management of Health and Safety at Work Regulations 1999.
  • The employee could not claim to have been constructively dismissed because she had waived the breach by accepting an alternative job with the employer, notwithstanding that a risk assessment in relation to that job had not been properly carried out.