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ARTICLE · 28 APRIL 2014

Dismissal: This Really Is The Final Straw

Where an employer commits a fundamental, breach of contract, an employee has the right to resign and claim constructive dismissal.

United KingdomEmployment and HR
Lloyd Clarke
Lloyd Clarke

What's the "final straw"?

Where an employer commits a fundamental, breach of contract, an employee has the right to resign and claim constructive dismissal. For some years now it's been a well-established legal principle that, in order to do this, the employee does not have to rely on a single event or incident. They can resign and claim constructive dismissal where the last in a series of acts or incidents is the final straw.

It can be a minor problem

An incident can be the final straw if, no matter how minor, it directly contributes towards a breach of the implied duty of trust and confidence that exists between the employee and their employer. But let's suppose the boot is on the other foot and, after a number of previous incidents, an employee does something that, for you, is the final straw. Could you dismiss them because of it?

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