Clyde & Co's UK employment team brings you CABLE, a
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Constructive dismissal: the "last straw"
If an employer commits a serious breach of contract, the
employee is entitled to resign in response and claim constructive
dismissal. A constructive dismissal claim may also arise if an
employer commits a series of acts that are not serious
individually, but they take on that character when considered
cumulatively. The Court of Appeal recently considered whether an
employee could rely on the employer's earlier breaches if they
carried on working but then resigned in response to a "last
straw" event.
After an altercation with a colleague, Ms Kaur raised a
grievance. This triggered the Trust bringing disciplinary
proceedings against her, which were combined with the grievance
procedure, and she was given a final written warning for
inappropriate behaviour. Her appeal against this decision was not
concluded for
