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Words: | Submitted: Mon Jun 19 2006
... with or without notice; a fixed-term contract expiring without being renewed or an employee resigning in circumstances in which he is entitled to do so by the employer's conduct. In addition, by s136(5), if the employment is terminated by the death, dissolution or liquidation of the employer, or the appointment of a receiver, there is a dismissal for reasons of redundancy. The majority of these situations do not raise contractual issues, but in respect of an employee resigning, contractual issues are vitally important in establishing whether the resignation constitutes a constructive dismissal. The key part of the definition of constructive dismissal is that the employee must have been entitled to leave. There are two possible interpretations of the word entitled. One, it could mean that the employer acted so unreasonably that the employee could not be expected to stay. Or, two, that the employer's conduct amounted to a repudiatory breach which the ...
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