The 'Last Straw' Doctrine

Authorities (2)

• Omilaju v Waltham Forest LBC [2005] IRLR 35; [2004] EWCA Civ 1493 [judgment]
  May LJ, Dyson LJ, Wall LJ

  Constructive dismissal; last straw; the final act must contribute to the breach of trust.

  Referred to: cited by 2 · cites 2 in this knowledge base

  Cited by

  • Kaur v Leeds Teaching Hospitals NHS Trust 18 paras
  • McCormack v Medivet Group Ltd 1 para

  Cites

  • Woods v WM Car Services (Peterborough) Ltd 3 paras
  • Malik v Bank of Credit and Commerce International SA 1 para

  References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.

• Kaur v Leeds Teaching Hospitals NHS Trust [2018] IRLR 833; [2018] EWCA Civ 978 [judgment]
  Singh LJ, Underhill LJ

  Constructive dismissal; 'last straw'; affirmation. The last straw doctrine is relevant only to a cumulative breach of the implied term of trust and confidence, not to a one-off repudiatory breach [42]. An employee who soldiers on after the employer's conduct has crossed the Malik threshold can still rely on the totality of that conduct if it is continued by a further act in response to which she resigns [43]. The further act does not revive the earlier breach as such: it revives the right to terminate [51]. Tribunals should put Vairea to one side and follow Omilaju [52]. Five questions for the normal case are set out at [55]. A disciplinary process properly followed cannot constitute, or contribute to, a repudiatory breach [75]. The employment judge had directed himself correctly in striking the claim out [61]: the appeal failed.

  Treatment of earlier decisions: disapproved Vairea v Reed Business Information Ltd

  • Disapproved Vairea v Reed Business Information Ltd at [52]
  Referred to: cited by 1 · cites 4 in this knowledge base

  Cited by

  • Leaney v Loughborough University 2 paras

  Cites

  • Omilaju v Waltham Forest LBC 18 paras
  • Malik v Bank of Credit and Commerce International SA 9 paras
  • Woods v WM Car Services (Peterborough) Ltd 3 paras
  • Ezsias v North Glamorgan NHS Trust 1 para

  References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.