There has been a recent Employment Appeal Tribunal case, Marshall v McPherson [2025] EAT 100, which has highlighted the proper approach to the concept of the “last straw” in constructive dismissal cases. The employee, Mr Marshall, had raised various complaints, including being unable to take breaks and some of these related to incidents dating back to 2017. These complaints were not dealt with quickly or correctly. Initially after being told by his employer to manage the issue, the Company then sent someone to accompany him on a shift without warning, which he found upsetting. The Company was faced with increasing pressure at work due to operational changes. Mr Marshall resigned and claimed constructive dismissal.
Constructive dismissal is where the employer commits a repudiatory breach of the employee’s express or implied terms of their contract. An express dismissal occurs where the employer terminates the employment contract (with or without notice). A constructive dismissal occurs where the employee resigns in response to conduct by the employer that amounts to a repudiatory breach of contract. This may be an actual breach or anticipatory breach and can arise from a series of acts or a single one, but either way, must be sufficiently serious to justify the employee resigning.
Where the singular act may not be sufficiently serious, it is possible for a series of breaches of contract or a course of conduct by the employer to be taken cumulatively to amount to a...
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