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The straw that breaks the camel’s back: constructive dismissal


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24 May 2005 12:00AM
Dechert
  • Author:
  • Carl Vincent

What can constitute the "last straw" in a series of acts by an employer which, taken together, amount to a breach of the implied term of trust and confidence giving rise to a constructive dismissal claim? The Court of Appeal decision in London Borough of Waltham Forest -v- Omilaju addressed this issue.

A constructive dismissal, as distinct from an actual dismissal, occurs where the decision to leave is the employee’s but he can show that he was entitled to do so by virtue of... (1087 more words)



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ON THE NETWORK

FIND SIMILAR

See also
Demoted Employee Was Not Unfairly Dismissed, Rules Court of Appeal
29 Jul 2004: case
Constructive dismissal: Judge -v- Crown Leisure Ltd
9 Nov 2004: case
The 'final straw' and constructive dismissal: Omilaju -v- Waltham Forest
24 Nov 2004: case
Sex change employee wins discrimination claim
14 Apr 2005: case

EXTERNAL LINKS

See also
DTI: dismissal
ACAS: Discipline, Dismissal and Grievences

AVAILABLE FROM WORKPLACE LAW

Workplace Law Handbook 2008

Redundancy Policy and Management Guide, version 3.0

Grievance Policy and Management Guide, version 3.0

Disciplinary and Dismissal Policy and Management Guide, version 3.0

Employment Contract and Management Guide, version 4.0

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