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Constructive dismissal: Lawful termination not a breach of trust and confidence

This report relates to 1 case(s)

In Kerry Foods Ltd v Lynch [2005] IRLR 680, the EAT holds that the tribunal had erred in finding that the claimant was constructively dismissed. Giving lawful notice cannot of itself constitute a breach of the implied term of trust and confidence. The employee had resigned prematurely.