A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal see London v. James Laidlaw & Sons Ltd 1974 IRLR 136 and Gannon v. J. C. Firth 1976 IRLR 415 EAT.
Managerial Law – Emerald Publishing
Published: Jan 1, 1977