When is the last straw for an employee?

When ‘the last straw’ due to multiple events can lead to a constructive dismissal case against an employer.

In a recent Employment  Tribunal appeal case, the employee M had raised various complaints to his employer which included issues such as not being able to take breaks. His complaints were not dealt with quickly or correctly.

The employer was a haulage company working with local distilleries. M was one of their HGV drivers who worked as an overnight driver.  In 2023, a new system was introduced to work procedures which M felt put him under pressure and resulted in him manipulating the tachograph in his lorry to make it seem as if he had taken his scheduled breaks.  He informed his line manager of these difficulties and not being able to take breaks but was told he could and to crack on.  The complaints were not recorded by his line manager at the time.

After being informed by his employer the issue would be managed, they then sent someone to accompany M on one of his shifts without any notice which he found upsetting.  At the end of his shift, he contacted his employer to arrange a meeting to discuss these matters and followed up with an email saying he felt unable to return to work unless the issues were addressed.  At the meeting he raised other incidents.  He was assigned to a local driving role, but he declined as he felt his complaints were being ignored.

The business was changing and was more pressured.  The line managers who he had complained to had left and hadn’t recorded any of the incidents he had raised.  M eventually resigned and made a constructive dismissal claim.

Whilst the Employment  Tribunal initially dismissed his claim for constructive appeal, on appeal it was found it had failed to consider whether all incidents cumulatively constituted
a repudiatory breach of the implied term of trust and confidence.  It affirmed the final act does not need to be repudiatory in nature for it to still form part of a cumulative breach provided it contributes to the breakdown of trust and confidence.

Employers need to consider that an Employment  Tribunal will take into account the full context of the case and the pattern of behaviour as well as a single, serious act which may be enough to justify a constructive dismissal claim.

Employers should make sure they respond proactively to employee’s concerns about their workload pressure, taking rest breaks and health and safety issues.

As many constructive dismissal claims arise from multiple acts, employers must follow procedures to reduce the risk of claims.  Importantly they should follow grievance procedures, document all evident and complaints and ensure everything is followed up.  If necessary they should ensure all managers receive training so they are aware of these issues and what could constitute a repudiatory breach of contract.

If you would like to discuss any of the issues raised by this case and how your business might be impacted, get in touch with our team.