Have I Affirmed My Contract Before Resigning And Claiming Constructive Dismissal?

When you are alleging that your employer has committed a fundamental breach of contract which goes to the very root of the contract and relationship, you must be extremely careful not to affirm the contract during any subsequent communications with them.

The case of Barry v Upper Thames Medical Group & Ors is a case in point.

Dr Kate Barry worked at Upper Thames Medical Group as a GP.

She developed laryngitis during her employment and was later diagnosed with an autoimmune disorder. She underwent several periods of sickness absence. A capability meeting was held to discuss her absence, following which, in September 2020, the Group told her they would not be paying any further sick pay. She alleged this was a fundamental breach of contract and a breach of the implied duty of trust and confidence.