The EAT has held, in the case of Aberdeen City Council v McNeill, that an employee, who at the time of their resignation is themselves in breach of the implied duty of trust and confidence, is not entitled to claim constructive dismissal on the basis of the employer's breach of trust and confidence. This would not be the case where the employer knew of the breaches and either affirmed the contract or waived its right to rely upon the employee's breaches of the term of trust and confidence.