The Employment Tribunal said it thought that the public criticism by the store manager was a breach of the implied term of trust and confidence, but that not every breach was a repudiatory breach and what had happened was not serious enough as to entitle her to resign and claim constructive dismissal.t is encouraging that the EAT has been prepared to take such robust views on what amounts to fundamental breaches of trust and confidence. However all this review considers is the first stage in proving a constructive dismissal case: whether or not a breach of contract can be proved.
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