Affirmation of contract

Case 6: The facts

Ruth Simms resigned and claimed constructive dismissal after her employer failed to rectify a shortfall in her wages. However, she waited for several weeks before resigning.

An employment tribunal found that her employer had been in breach of contract, but that Simms had delayed too long before resigning and had failed to provide a satisfactory explanation for the delay. This meant that she had affirmed the contract.

The ruling

The Employment Appeal Tribunal agreed with the tribunal's decision that Simms had left it too long and could not bring a claim for constructive dismissal.

It suggested that an employee who stays in their job for more than a month following a breach of contract without "reserving their position" (pointing out that they think a breach has taken place) will be regarded as having affirmed the contract.

Simms v Sainsbury Supermarkets Ltd UKEAT/0548/04