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ERA 1996, s 95(1)(c):

ERA 1996, s 95(1)(c):
‘…the employee terminates the contract (with or without notice) in circumstances in which he is entitled to terminate it … by reason of the employer’s conduct’

(i) Employer committed repudiatory breach
Western Excavating Ltd v Sharp [1978] QB 761 (CA); Northwest Holst v Harrison

[1985] ICR 668 (CA);

Bournemouth University Higher Education Corp v Buckland [2011] QB 323 (CA), Sedley LJ:

‘28 It is nevertheless arguable, I would accept, that reasonableness is one of the tools in the employment tribunal’s factual analysis kit for deciding whether there has been a fundamental breach. There are likely to be cases in which it is useful. But it cannot be a legal requirement. Take the simplest and commonest of fundamental breaches on an employer’s part, a failure to pay wages. If the failure is due, as it not infrequently is, to a major customer defaulting on payment, not paying the staff’s wages is arguably the most, indeed the only, reasonable response to the situation. But to hold that it is not a fundamental breach would drive a coach and four through the law of contract, of which this aspect of employment law is an integral part.’
Woods v W M Car Services (Peterborough) Ltd [1982] ICR 693 (CA); Bournemouth University Higher Education Corp v Buckland [2011] QB 323 (CA); Gardner v Beresford [1978] IRLR 63 (EAT); Industrial Rubber v Gillon [1977] IRLR 389 (EAT);

Waltons & Morse v Dorrington [1997] IRLR 488 (EAT); Weathersfield v Sargent
[1999] ICR 425 (CA).
(ii) Worker left because of that breach
Weathersfield v Sargent [1999] ICR 425 (CA)

‘The Last Straw’

London Borough of Waltham Forest v Omilaju [2004] EWCA 1493, Dyson LJ (Leading judgment):

‘5. A relatively minor act may be sufficient to entitle the employee to resign and leave his employment if it is the last straw in a series of incidents. It is well put at para. [480] in Harvey on Industrial Relations and Employment Law:

“[480] Many of the constructive dismissal cases which arise from the undermining of trust and confidence will involve the employee leaving in response to a course of conduct carried on over a period of time. The particular incident which causes the employee to leave may in itself be insufficient to justify his taking that action, but when viewed against a background of such incidents it may be considered sufficient by the courts to warrant their treating the resignation as a constructive dismissal. It may be the

‘last straw’ which causes the employee to terminate a deteriorating

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