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Constructive dismissal: Last straw must contribute to breach of trust and confidence

This report relates to 1 case(s)

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    London Borough of Waltham Forest v Omilaju [2005] IRLR 35 CA (2 other reports)

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      Date:
      3 February 2005

      Katherine Priestley of Addleshaw Goddard brings you a comprehensive update on the latest decisions that could affect your organisation and provide advice on what to do about them.

    • Case round-up

      Date:
      7 December 2004

      This week's case round-up from Eversheds, covering: the final straw test in constructive dismissal cases; and disability discrimination.

Key points

In London Borough of Waltham Forest v Omilaju, the Court of Appeal holds:

  • Conduct by an employer amounting to the "last straw" for the purposes of a finding of constructive dismissal must be the last in a series of actions which cumulatively amount to a repudiatory breach of the implied term of trust and confidence.
  • Viewed in isolation, the "last straw" does not have to be a breach of contract, or even conduct that is unreasonable or blameworthy.