- Some constructive dismissal claims may succeed even if the last straw event is innocuous (Williams v Alderman Davies Church in Wales Primary School)
- What are the practical implications of this judgment?
- What is the relevant background?
- Background law
- Background facts
- The decision of the employment tribunal
- What did the EAT decide?
- Case details
Employment analysis: In a constructive dismissal case, even where a ‘last straw’ event is held to be innocuous, if there is prior conduct by the employer amounting to a fundamental breach of contract which has not since been affirmed by the employee, then, provided that prior conduct also materially contributed to the employee’s decision to resign, their claim of constructive dismissal will succeed, according to the EAT.
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