Abbey National plc v Robinson (EAT/743/99)

Employees do not have to resign at the first sign of breakdown of the mutual trust and confidence to claim constructive dismissal.

Conclusion for me

It has been confirmed that Employees do not have to claim constructive dismissal at the first sign of a breakdown in the relationship of mutual trust and confidence to avoid affirmation of the contract. Employees can give the employer the opportunity to repair any damage done and make amends. Failure by the employer to take such steps will constitute the last straw act.

Similar cases

  • Lewis v Motorworld Garages Ltd (CA 1985) The last straw doctrine allows a claimant to rely on the accumulative acts of the employer, even though earlier breaches by the employer may have been affirmed, so long as the final act forms part of a series of events with the last event commonly referred to as being the last straw.
Updated: 3rd May, 2021
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