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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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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.