Contracts –the key developments

• An employee cannot claim constructive dismissal if s/he has previously committed serious misconduct which amounts to a breach of the implied term of trust and confidence (case 1).

• Terms can only be incorporated from a collective agreement into individual contracts of employment if that was the intention of the parties and the terms are “apt” for incorporation (case 2).

• In deciding whether an employee has affirmed the contract after an employer’s fundamental breach, it is relevant to take into account that the employee was off sick at the time (case 3).