Cockram v Air Products Plc [2014]

Posted In: Case Law
  • Case Reference
    UKEAT 0038_14_2105
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
Issues covered: Constructive Dismissal

This case revolved around the issue of 'affirmation' of a breach of contract. The employee in question resigned but gave seven months' notice instead of the required three. Had he, by giving more than twice the required notice, affirmed the variation to his contract by continuing to work? If so, his claim for constructive dismissal would fail because there would, in effect, no longer be a breach of contract to resign over.

Dismissal is defined in GB under the Employment Rights Act 1996 (The Employment Rights (Northern Ireland) Order 1996 in NI) and s.95(1)(c) of the ERA (A. 127(1)(c) of the ERO in NI) states the definition for 'constructive dismissal":

"the employee terminates the contract

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This article is correct at 30/05/2014

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