How Serious Does The Last Straw Have To Be When Claiming Constructive Dismissal?

It does not have to be a serious breach in its own right.

The case of Marshall v McPherson concerned a night-shift HGV driver who raised repeated concerns about his workload and his inability to take breaks. His employer was not particularly helpful initially, telling him to manage the issue himself but later sent someone to help him on shift without giving him any warning that this person was going to be there. Mr Marshall was upset by this. He had raised complaints dating back to 2017 which had not been dealt with. This latest event led to his resignation.

The first instance tribunal held that neither the delay in handling his grievance nor the sending of a shift worker to help him were serious enough to warrant Mr Marshall's resignation and subsequent claim of constructive dismissal. The Employment Appeal Tribunal disagreed.