“Last straw” cases

The breach of contract can either be one act by the employer, if it is sufficiently serious, or a series of actions which together amount to a breach (often referred to as “last straw” cases). These are common in situations of bullying and harassment and relationship breakdown.

It does not matter if none of the incidents taken individually would amount to a serious breach, as long as together they destroy the contractual relationship. However, a reasonable action by the employer is unlikely to qualify as the “last straw” (London Borough of Waltham Forest v Omilaju [2004] EWCA Civ 1493). This means that any employee contemplating resignation should ensure that their eventual resignation is linked to an incident that is clearly and unarguably unreasonable.

Serious failure to investigate a grievance can be a fundamental breach of the duty of mutual trust and confidence. Every employee has an implied fundamental right to have their grievance properly dealt with (WA Goold (Pearmak) v McConnell [1995] IRLR 516).