The claimant was Assistant Manager at Leeds United Football Club. He had worked with the Manager, Brian McDermott, who was sacked. The claimant was offered, but declined, the position of Head Coach. Although he declined that position, he was kept on as Assistant Manager.
A new Head Coach was appointed. The claimant and he did not get on. The claimant was excluded from first team duties - duties expressly required in his contract. He indicated that he wished to be provided with proper work befitting his status as Assistant Manager, but if not there had to be a solution which would see him leaving employment on agreed terms. The owner mentioned that the ground needed to be cleaned. The court found that the general picture of the claimant not being given any work to do.
The claimant received an email, stating: "Further to our earlier conversation I am instructed to write to advise you as follows: (i) with immediate effect you are to have no contact and/or involvement with the LUFC First Team and your role at the Club should be confined to working with the Under 21s , Under 18s and other non-first team players..." Unsurprisingly, when being informed in person by the new Head Coach of this attitude to his position, the claimant resigned.
The court found the claimant's duties were rather vague but that they certainly included working with the first team. Excluding the claimant from interaction with the first team was a repdiatory breach of his contract:
"In short, to require the Claimant to work as directed by the email dated 23 July was to show an intention thereafter to refuse to perform the contract as it had originally been made. Where, objectively viewed, one party to a contract shows by their conduct that they no longer intend to be bound by it in its essential terms, that is repudiatory... The fact that the Claimant had from time to time expressed the view that he was prepared to leave the service of Leeds if suitable terms were offered is beside the point. It does not prevent the conduct of Leeds being a breach. It was no breach on his part to initiate discussion about possible consensual termination. He remained throughout willing – indeed, keen - to fulfil his contractual duties as Assistant Manager..."
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