Constructive Dismissal

Question 1

Define ‘Constructive Dismissal’

Answer 1

Constructive dismissal occurs where the employer does something which is so bad that the employee feels he has no choice but to resign.

Question 2

How does ‘Breach of Mutual Trust and Confidence’ apply in a claim of Constructive Dismissal?

Answer 2

Most claims of constructive dismissal are brought forward not on breaches in express terms within an employment contract, but rather through an implied term read into employment contracts of ‘mutual trust and confidence’.

Question 3

Define the ‘last straw’ doctrine

Answer 3

Where it was not one specific event that led to resignation but a number of smaller events.

Question 4

List the leading cases on constructive dismissal:

1. Breach of Mutual Trust
2. Last Straw Doctrine.

Answer 4

1. Malik v BCCI (1997)

2. London Borough of Waltham Forest v Omilaju (2004)