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Constructive dismissal: Fair constructive dismissal on grounds of misconduct

This report relates to 1 case(s)

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    Bromley Hospitals NHS Trust v Mair EAT/41/95 (0 other reports)

The unilateral imposition of a fixed-term contract on an employee guilty of gross misconduct was a repudiatory breach of contract, and the employee resigned in circumstances which amounted to constructive dismissal. This constructive dismissal was nevertheless fair, holds the EAT in Bromley Hospitals NHS Trust v Mair 17.1.96 EAT 41/95, as the reason for it related to the employee's conduct and the employer had acted reasonably in concluding, after reasonable investigation, that the misconduct could have justified summary dismissal.