Skip to content

Brought to you by

Dentons logo in black and white

UK People Reward and Mobility Hub

The latest updates in employment, benefits, pensions and immigration

open menu close menu

UK People Reward and Mobility Hub

  • Home
  • Events and training
  • Who We Are
    • Meet the team
  • How we can help

The last straw: what does it take to break the camel’s back?

By Sarah Lovell
May 15, 2020
  • Constructive dismissal
  • Disciplinary procedures
  • Termination
Share on Facebook Share on Twitter Share via email Share on LinkedIn

In Williams v. Governing Body of Alderman Davies Church in Wales Primary School, the Employment Appeal Tribunal (EAT) considered the “last straw” doctrine and whether a truly trivial act which causes an employee to resign can then be relied upon in a claim of constructive unfair dismissal.

In order to succeed in a claim of constructive unfair dismissal, an employee has to show that the employer has fundamentally breached a term of their contract of employment.  This is often the implied duty of trust and confidence.  The “last straw” doctrine allows an employee to rely on a series of breaches over a period of time which together amount to a breach of trust and confidence.  In previous case law, it has been decided that the last straw must not be something totally innocuous and that it must contribute something to the breach, although this may be insignificant.

Mr Williams was a teacher in the school.  Allegations were made against him relating to a child protection matter.  He was suspended but not given any details of the allegations against him.  A Social Services investigation decided that no further action should be taken and Mr Williams was allowed to return to school, but not to teaching duties while the school carried out its own investigation. He was still not given full details of the allegation he was facing.  Mr Williams then went off sick with stress.   

Mr Williams had downloaded certain documents that he believed would assist him in defending any allegations and shared these with a fellow teacher, Mrs Sydenham, who was also his union representative.  The school commenced disciplinary proceedings against both Mr Williams and Mrs Sydenham.  When he wished to speak to Mrs Sydenham, the school told him that he could not contact her.  He then resigned, citing the reason as the refusal to allow him to contact Mrs Sydenham.

The Employment Tribunal was highly critical of the school but decided that Mr Williams’ claim for constructive unfair dismissal must fail because the “last straw” (refusal to allow him to contact Mrs Sydenham) was not unreasonable given the ongoing disciplinary investigation and, therefore, was innocuous.  Mr Williams appealed.

The EAT allowed the appeal.  It decided that, as long as there has been a breach of contract by the employer and the employee has resigned in response, at least in part, to that breach, a constructive unfair dismissal claim will succeed.  In this case, Mr Williams had not affirmed the previous breaches of contract and so could still rely on them.

This case is a useful reminder that even seemingly trivial acts can still tip an employee into resigning.  In cases where there has been a breach of the implied term of trust and confidence which has not been affirmed by the employee, they may still succeed with a constructive unfair dismissal claim.

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Breach of Employment Contract, Employment Appeal Tribunal, Resignation, Trust and Confidence
Sarah Lovell

About Sarah Lovell

Sarah is a senior associate in the Milton Keynes office specializing in employment law. She joined the team in February 2020, having spent nearly two years working in-house for a large recruitment business.

All posts Full bio

You might also like...

  • Termination

Summary Dismissal – Calculating the Effective Date of Termination

In the recent case of Cosmeceuticals Ltd v. Parkin it was held that the effective date of termination (EDT) is not moved if notice is subsequently given following an earlier summary dismissal.

By UK People Reward and Mobility Team
  • Constructive dismissal
  • Disciplinary procedures
  • Grievance and Disciplinary
  • Uncategorized

Suspension for alleged misconduct may be a breach of contract

In the recent case of Agoreyo v. London Borough of Lambeth [2017] EWHC 2019 (QB), the High Court has held that suspension as a "knee-jerk" reaction to an allegation of misconduct may in itself be sufficient to breach the implied contractual term of trust and confidence.

By Victoria Albon
  • Disciplinary procedures
  • Discrimination
  • Tribunal claims

Context is key in claims of harassment

In the recent case of Evans v. Xactly Corporation Limited the EAT considered whether calling an employee a “fat ginger […]

By UK People Reward and Mobility Team

About Dentons

Across over 80 countries, Dentons helps you grow, protect, operate and finance your organization by providing uniquely global and deeply local legal solutions. Polycentric, purpose-driven and committed to inclusion, diversity, equity and sustainability, we focus on what matters most to you. www.dentons.com

Grow, Protect, Operate, Finance. Dentons, the law firm of the future is here. Copyright 2023 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal notices.

Categories

Dentons logo in black and white

© 2023 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site