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Contracts of employment: No affirmation by employee who resigned five months after repudiatory breach

This report relates to 1 case(s)

In The Governing Body of St Edmund of Canterbury Catholic High School v Hines 26.09.03 EAT/1138/02/TM, the EAT holds that Western Excavating ECC Ltd v Sharp [1978] IRLR 27 does not require tribunals to adopt an entirely objective approach when considering whether or not an employee has affirmed the contract of employment following a repudiatory breach by the employer.