Tanya Jones was instructed by Pam Dosanjh Phillips of Spencer West LLP to act for the Claimant in respect of their Constructive Dismissal claim against the Respondent.
Tanya successfully argued the last straw doctrine was enough to breach the implied term of mutual trust and confidence between the parties. The comment itself was not directed at the Claimant but during cross-examination, the Respondent’s employee admitted that he would not have made the comment but for the Claimant’s mistake.
Employment Judge Roper was satisfied that the Claimant resigned in response to the breach and he held the Claimant had constructively dismissed herself and was entitled to damages.