He will be regarded as having elected to affirm the contract. Moreover, he must make up his mind soon after the conduct of which he complains: for, if he continues for any length of time without leaving, he will lose his right to treat himself as discharged. But the conduct must in either case be sufficiently serious to entitle him to leave at once. The employee is entitled in those circumstances to leave at the instant without giving any notice at all or, alternatively, he may give notice and say he is leaving at the end of the notice. If he does so, then he terminates the contract by reason of the employer's conduct.
If the employer is guilty of conduct which is a significant breach going to the root of the contract of employment or which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract then the employee is entitled to treat himself as discharged from any further performance. On the one hand, it is said that the words of sub-section (c) express a legal concept which is already well settled in the books on contract under the rubric 'Discharge by breach'.
