Mr. Foley brought a claim against Jersey Electricity PLC alleging that being given an option to resign and go on paid garden leave for his contractual three months’ notice OR face disciplinary proceedings for an incident that both he and the employer accepted would be gross misconduct, entitled him to resign and claim constructive unfair. The Tribunal was tasked with determining whether the conduct and actions of the employer were so unreasonable that they damaged the relationship between the parties to such an extent so as to amount to a breach of the term of mutual trust and confidence and constitute a fundamental breach of contract entitling the claimant to resign.