The judgement in Marshall v McPherson Limited [2025] EAT 100 makes it evident that the ‘last straw’ need not be a serious breach for a claim of constructive dismissal to be successful.
The facts
The Claimant in the case was a driver whose job was to remove spent grain (draff) from distilleries and unload it into a tip to be used for animal feed. Amongst the issues, the Claimant raised the difficulty he had with taking breaks during his night shifts due to changes workplace processes, and eventually resigned, claiming constructive dismissal.
Employment Tribunal decision
The Employment Tribunal (ET) considered whether the events, including an investigation into the Claimant's conduct, could be regarded as a final straw event, and whether the events were repudiatory in character. The ET found they were not and dismissed the Claimant's claims. The Claimant appealed.
The appeal
The Employment Appeal Tribunal (EAT) allowed the appeal stating that the ‘last straw’ prompting resignation does not need to constitute a serious breach on its own. The important factor is the overall course of conduct and whether it collectively amounts to a breach of trust and confidence.
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