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Unfair dismissal: Delay in resignation is not fatal to a constructive unfair dismissal claim

This report relates to 1 case(s)

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    Bass v Travis Perkins Trading Company Ltd EAT/0598/05 (0 other reports)

A delay in an employee's resignation after a fundamental breach of contract may be evidence of implied affirmation of the contract, with the result that the employee loses the right to claim constructive dismissal. However, delay alone does not amount to affirmation.