When employees claim constructive dismissal, employers are often tempted to look for reasons for leaving other than any alleged breach of contract and argue that as the breach was not the main cause, then there are no grounds for a claim. The EAT in Wright v North Ayrshire Council highlighted why this is the wrong approach. The Tribunal found the Council had fundamentally breached Wright’s contract because of the poor handling of three grievances. Wright was also finding it difficult to combine her caring responsibilities with the demands of her work pattern when she resigned. As there were mixed motives for resigning, the Tribunal decided that it must determine 'the effective cause'. As the cause was the conflict between caring duties and work, and not the Council's breaches, Wright had not been constructively dismissed.
Wrong said the EAT. The crucial question is whether the repudiatory breach of contract played a part in the decision to leave. An employee can leave for a whole host of reasons, but if a repudiatory breach is one of the factors relied upon, there is the basis for a claim. It’s not a case of whether a fundamental breach is “the” cause of resigning, but whether it is ″a″ cause. So the case would have to go back to the Tribunal to determine whether the Council's repudiatory breaches 'played a part' in Wright's resignation.
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