Constructive dismissal: delay in resigning does not alone affirm contract

Chindove v William Morrison Supermarkets EAT/0201/13 & EAT/0043/14

constructive dismissal | affirmation of contract | delay in resignation

The Employment Appeal Tribunal (EAT) has held that when determining whether or not an employee has accepted an employer's fundamental breach of his or her contract of employment and therefore lost his or her right to resign and claim constructive dismissal, the passage of time between the breach and the employee's subsequent resignation is only one factor that must be considered.