What Constitutes 'The Final Straw' For Constructive Dismissal?

Assessing whether an old breach can be revived for constructive dismissal, while complexity abounds in parental leave cases and new clarification is issued on dress codes

Constructive dismissal is notoriously tricky. Employees often allege their employer has breached the implied term of mutual 'trust and confidence' in the employment contract, either through a single serious misdeed or a series of smaller incidents.

In the latter case, the employee must identify the 'last straw' (or the final incident that prompted them to resign) and also show they resigned relatively quickly in response to that event. Otherwise, they may be found to have accepted the breach and given up their right to claim.