In the case of Craig v Bob Lindfield & Son Ltd the Claimant’s contract of employment provided for lay off and short-term working for an indefinite period, without pay. After a four week lay off without pay, the Claimant resigned and claimed that he had been constructively dismissed because the lay off had gone on for longer than a reasonable period. The Employment Tribunal held that there was no term to be applied as to reasonableness so far as the length of the lay off was concerned. They also indicated that, in any event, the four week period was not unreasonable in all of the circumstances. There being no repudiatory breach of contract, there was no constructive dismissal. The Claimant's appeal to the Employment Appeal Tribunal was dismissed. Considering two conflicting EAT decisions on this point, the EAT found that the employment tribunal had correctly followed the later decision, Kenneth MacRae & Co Ltd v Dawson. In this case there had been a genuine downturn in work that had led to the employer operating the contractual lay-off clause, and the employer had legitimately followed the statutory scheme set out in the Employment Rights Act 1996 under which a redundancy payment does not have to be paid if there is a reasonable expectation that further work will become available within four weeks.