The full text judgment in this case is available free of charge on the BAILII website
Representation:-
Ms M. Kearns, Solicitor, Messrs Brodies LLP, Solicitors, 15 Atholl Crescent, Edinburgh EH3 8HA for Aberdeed City Council, the appellant
Ms A.L. Stobart, advocate, instructed by Quantum Claims Solicitors, Employment Division, 70 Carden Place, Queen's Cross, Aberdeen AB10 1UL for Mr McNeill, the respondent.
Authority for the proposition that:-
misconduct by employee prior to his resignation can be a prior repudiatory breach of his contract of employment with the result that his subsequent resignation could not give rise to a claim for unfair constructive dismissal.
For relevant general notes see Constructive dismissal/a general note .
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prepared February 2010