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Jamie v Management Solution Partners Ltd - Constructive dismissal, seriousness of repudiatory breach [2006] EAT

The EATconfirms that the question for a Tribunal in considering whether to allow a claim for constructive unfair dismissal is whether the employee resigned, at least in part, in response to a repudiatory breach of contract by the employer. The test is NOT whether the breach was the sole cause, or even the effective cause of the resignation. It is sufficient that the resignation is in part in response to the repudiatory breach. In this case an employee won to the extent that his claim was remitted back for rehearing for an employment tribunal to apply the proper test.

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