Constructive dismissal: Failure to conduct proper risk assessment can be repudiatory breach

In Bunning v G T Bunning and Sons Limited [2005] EWCA Civ 104 CA, the EAT holds:

• The tribunal was correct to find the employer in breach of its obligation to carry out a risk assessment for a pregnant worker under reg.16 of the Management of Health and Safety at Work Regulations 1999.
• The employee could not claim to have been constructively dismissed because she had waived the breach by accepting an alternative job with the employer, notwithstanding that a risk assessment in relation to that job had not been properly carried out.