Abbey Cars (West Horndon) Ltd v Ford - Breach must be sufficiently serious as to be fundamental, but it can then be just one of many reasons causing resignation and still found a constructive dismissal claim [2008] EAT
Mr Ford went off sick, and once fit, he resigned. He gave his reasons as being 8 incidents of bad treatment by Abbey. He said these amounted to a fundamental breach of contract. An employment tribunal upheld his complaint of unfair constructive dismissal. He alleged that two of the incidents amounted to a breach of the duty of mutual trust and confidence - the failure by Abbey to pay Mr Ford's mobile phone expenses, and the way in which they went about taking back his car once he was ill (Abby Cars did not ask if he needed it for medical appointments).
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