If not justified, the dismissal is wrongful, and the employer is liable in damages for wrongful dismissal. The test is objective: it is not enough for the employer to argue reasonableness of belief that the employee's conduct was repudiatory. Summary termination of the contract by the employer must be defended because of the employee's conduct on an objective basis.
Furthermore, the repudiatory conduct must be proved. It is for the employment tribunal or court to determine for itself whether the employee has committed a repudiatory breach. As it was put by HHJ Mary Stacey in Cameron v East Coast Main Line Company Ltd UKEAT/0301/17 (21 May 2018, unreported), when remitting the case to the employment tribunal to make findings of fact in order to decide whether the employee was
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