An employee who has been constructively dismissed can recover as damages for unfair dismissal only the loss flowing from his resignation; he must bring a contract claim to recover loss flowing from the employer's contractual breaches prior to his resignation (even though these will have been the reason for his resignation). Where an employer's breaches of trust and confidence have caused the employee to become ill and ultimately resign while on sick leave, his immediate unfair dismissal loss will be calculated according to his sick pay rate rather than his normal rate of pay. The employee's need to bring a separate contract claim to recover the additional loss suffered as a result of the illness will be relevant to employers seeking to settle an unfair dismissal claim. (GAB Robins (UK) Ltd v Triggs, CA)
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Calculation of loss flowing from constructive dismissal
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