Repudiatory Breach | Davis Blank Furniss Solicitors

In Gibbs –v- Leeds United Football Club, the High Court had to decide whether an employee’s willingness to negotiate a termination package prevented him from bringing a claim for constructive dismissal.

Mr Gibbs was the Assistant Manager at Leeds United.  Following the dismissal of the manager, Mr Gibbs was asked whether he was interested in becoming head coach but Mr Gibbs indicated it wasn’t for him.  Although he expected to be dismissed, he was asked to continue in his role whilst discussions were held about a consensual departure.  Mr Gibbs was not expected to work with the new incoming manager and he was excluded from any training of the first team which formed part of his normal duties. He had also been excluded from pre-season training.  He discovered written information that he was not to have any contact with the first team and that he would work with the youth academy.  He resigned in response to these breaches of his terms and conditions of employment.

Leeds United Football Club argued that there had been a breach of contract by Mr Gibbs when he initiated a discussion about consensual termination.  However the High Court disagreed.  They stated that the fact that Mr Gibbs had said that he was prepared to leave if suitable terms were agreed was irrelevant.

He had been available, ready and willing to fulfil his duties.  It was the club’s email to him that amounted to a repudiatory breach in response to which he resigned.


Read what our clients have to say...

View All

Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.

Ben Armitage

“Very approachable, practical solutions to problems, but most of all very responsive which I personally think is very important because if you need help, you need it quickly, or at least to know someone is looking at it for you”.

Joanne Rowe, Finance Director, Greater Manchester Chamber

“Always able to contact, very approachable, friendly and professional”

Nives Feely, JAM Recruitment

“I believe I have been able to establish a professional working relationship with everyone I have come into contact. Importantly, I sense the relationships which have been established give me the confidence that I can make contact with Davis Blank Furniss at any time and on any matter. I would also like to express my thanks to the very impressive “gatekeepers” who work in reception, not only for making me very welcome, but also for their professionalism”

Bill Pryke, CEO, Chartered Institution of Civil Engineering Surveyors

“Thank you for your efficient and friendly help throughout this process. We have had it easy but your approach has been part of that”.

Robert Amsbury (Conveyancing Client)

“I would like to take this opportunity to thank you personally for the ongoing support and assistance the firm has offered to our parents over the years. I hope also that we may be able to call on you if necessary in the future.”

Valerie Fisher (Probate Client)

“Jo always provides great service, understands our needs and delivers on her promises. Our needs are relatively simple but the complexity arises out of the volume of work and short time frames, Jo always delivers.”

Peter Fernandez, Corporate Director at Royal Bank of Scotland

“A big thank you to all who dealt with my wife’s claim… We would not hesitate to recommend Davis Blank Furniss to anyone that may be in a situation like we have been…”

Anon (Personal Injury client)

“Before putting my case in Kirsty (Morbey)’s capable hands I’ve met a couple of other solicitors. None of them listen to me as intently as Kirsty and showed me as much empathy and understanding as she did. Simultaneously she was able to look at my case from legal perspective, explain all the options and follow each of our meetings with written summary of the discussed matters (in timely manner). Her advice was invaluable and led me to successfully ending the case matter (hopeful for good). I’m forever grateful for he work and would definitely recommend her to anyone looking for reliable, knowledgeable and committed solicitor”.

Anon (Family client)
5 star service

Our Manchester office is rated 5 stars on Google