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Court of Appeal Considers Revival of Affirmed Breaches in Constructive Dismissal

David Reade QC and Nicholas Siddall appeared in the Court of Appeal on March 15th 2018 in the appeal of Kaur v Leeds Teaching Hospitals NHS Trust. The key issue in the appeal was which of the decisions of the EAT in Addenbrooke v Princess Alexandra Hospital NHS Trust [2015] UKEAT/0265/14 or Vairea v Reed Business International [2016] UKEAT/0177/15 was correct. They conflict on the question of whether an affirmed breach of the implied term of trust and confidence can be revived by subsequent conduct which falls short of a repudiation in its own right.

The judgment of the Court of Appeal was reserved.

David Reade QC and Nicholas Siddall were instructed by Suzanne Nulty of Hill Dickinson LLP

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