The Mutuality of Obligations Doctrine and Termination of the Employment Contract: McNeill v Aberdeen City Council (No 2)
Date | 01 May 2014 |
Pages | 259-265 |
Published date | 01 May 2014 |
DOI | 10.3366/elr.2014.0209 |
The decision of the Inner House in In English law, an employer is prevented from curing a repudiatory breach of the contract of employment, whereas this is possible in Scots law: cf
A claim for constructive dismissal under section 95(1)(c) of the ERA entails the application of a curious amalgam of traditional common law doctrine and self-contained statutory techniques. This statutory provision directs that an employee is constructively dismissed by his employer if the employee terminates the employment contract (with or without notice) in circumstances in which he is entitled to terminate it without notice by reason of the employer's conduct. Pursuant to the decision of the Court of Appeal in
M Freedland,
In
Other legal points were addressed but this note is restricted to considering the mutuality issue. For example, it was held that the rules relating to the statutory concept of constructive dismissal under section 95(1)(c) should be governed by the proper law of the employment contract rather than English contract law at the time of the decision in
In the Employment Appeal Tribunal (“EAT”)
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