Triggs v GAB Robins (UK) Ltd [2008] EWCA Civ 17, [2008] All ER (D) 266 (Jan)
The claimant had been constructively dismissed through the employer’s antecedent breaches of the implied term of trust and confidence that had caused her illness and, in turn, reduced her earning capacity.
However, it was fallacious to regard those antecedent breaches as constituting the dismissal, since the dismissal was effected by her resignation.
The employee, on a claim for unfair dismissal, is entitled to compensation for whatever loss flowed from that dismissal, but that does not include loss, including future loss, flowing from wrongs already inflicted upon her by the employer’s prior conduct—since those losses, including any future lost income, had not been caused by the dismissal.
