i-law

Litigation Letter

Breach of contractual term

GAB Robins (UK) Ltd v Triggs CA TLR 5 March

In a case of unfair constructive dismissal, where there was a gap in time between the employer’s repudiatory breach and the employee’s acceptance of it by resignation, damages for the loss caused by the repudiatory breach cannot be claimed in unfair dismissal proceedings. Accordingly, compensation for unfair dismissal of the claimant, Gillian Triggs, by the employer, could not include loss prior to her resignation resulting from the employer’s repudiatory conduct.

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