In Shaw v CCL Ltd UKEAT/0512/06, the EAT held that direct and indirect sex discrimination led to a fundamental breach of an employee's employment contract entitling them to resign and claim constructive unfair dismissal.

At tribunal, the employee's claim of constructive unfair dismissal failed because the tribunal considered that her resignation was due solely to the rejection of her request to work flexibly under the Employment Rights Act 1996, which did not amount to a fundamental breach of her contract. In fact, the rejection of her request was also direct and indirect sex discrimination which did amount to a fundamental breach.