“…well established that those circumstances are ones in which the employer commits a repudiatory breach of the contract: see Western Excavating (ECC) Ltd v Sharp [1978] ICR 221, at 227 (Lord Denning MR). It is also well established that, “for a constructive dismissal to arise, the employee must resign in response to a fundamental brea…”
“…Secondly, it was submitted that the EAT decision conflicts with the decision of this Court in Western Excavating (ECC) Ltd v Sharp [1978] ICR 221: see paras. 12-14.…”