In Atkinson v Community Gateway Association the EAT has confirmed that an employee is not prevented from claiming constructive dismissal by the fact that he or she is in breach of contract at the time of the employer’s breach. Although there had been inconsistent authorities on this point, the Court of Session’s decision in McNeill v Aberdeen City Council embodied the proper approach under English law.

http://www.bailii.org/uk/cases/UKEAT/2014/0457_12_2108.html