The EAT has demonstrated, once again, how difficult it is for employees to succeed with a constructive dismissal claim. In this case, the employee was found to have affirmed her employment contract and accepted her employer’s alleged fundamental breach when she when she waited 18 months to resign. The EAT rejected her argument that she was too ill to resign during that time. Further, her acceptance of 39 weeks’ sick pay was a key factor pointing towards her affirmation of her contract.
Colomar Mari v Reuters Ltd UKEAT/0539/13